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Home / Mass-Media / Events / The director and the president of the Board of Directors of the SA "Apa Canal Cahul" enterprise, as well as a legal entity and its administrator, referred to justice for acts of corruption
The director and the president of the Board of Directors of the SA "Apa Canal Cahul" enterprise, as well as a legal entity and its administrator, referred to justice for acts of corruption
08.06.2023 276 ViewsThe Anticorruption Prosecutor's Office South Office has announced the completion of the criminal investigation and referral to the court for examination of the criminal case accusing the director and the president of the Board of Directors of the SA "Apă Canal Cahul" enterprise, being charged with the crime of passive corruption and abuse of office (art. 324 para. (1) and art. 327 para. (2) letter b1) of the Criminal Code), as well as of a legal person and its administrator, being charged with the crime of active corruption (art. 325 paragraph (1) of the Criminal Code).
The evidence administered during the criminal investigation proves that the director of the SA "Apă Canal Cahul" enterprise, being in friendly relations with an economic agent, intending to use the resources of the SA "Apă Canal Cahul" enterprise, acting intentionally in complicity with that economic agent as well as with The President of the Board of Directors of SA "Apă Canal Cahul", having an active role in favoring the enterprises, managed by the targeted economic agent, set up a criminal scheme regarding the construction of an aqueduct within the radius of Cahul, and the works to be executed by the economic agent, even though his company did not have the authorization and License for this kind of activity, necessary to carry out these works.
In continuation of his criminal intentions, with the aim of carrying out the works to expand the aqueduct network in the village of Văleni and obtaining by the economic agent of improper financial means, they decided to cede the execution of the works by concluding a subcontract, and until the start the tender procedure, they decided to conclude the contract for the preparation of the documentation for participation in the public tender by JSC "Apă Canal Cahul", of the object regarding "Drinking water supply s. Văleni r-l Cahul", in the amount of 23000 lei, public tender organized by the "EcoContact" Public Association.
Later, with the aim of achieving and obtaining undue income by violating the terms of the contract, they concluded a subcontract for the amount of 1,022,699.656 lei, predestined to be the value of the object, but de facto, the cost of the final works or proven to be 419,079.54 lei, financial means illegally collected by the economic agent from the budget of SA "Apă Canal Cahul".
At the same time, the economic agent, in exchange for the favor obtained from the public persons within SA "Apă Canal Cahul" made a transfer to the account of a tourism agency, monetary means in the amount of 33,365.44 lei, destined for the payment of tourist services to public persons and their families.
The accused did not admit their guilt and the criminal case was sent for examination to the Cahul Court, Central Headquarters.
To guarantee the execution of the fine and the repair of the damage caused by the crimes, the assets belonging to the 3 accused (cars, apartments and land) in total value of more than 266 thousand lei were seized.
For the crimes committed, the law provides the punishment in the form of imprisonment from 3 to 7 years with a fine in the amount of 200,000 to 300,000 lei and with the deprivation of the right to hold certain public positions or to exercise a certain activity for a period of to 5 to 10 years (in the case of art. 324 par. (1) of the Criminal Code), with a fine in the amount of 67,500 to 117,500 lei or with imprisonment from 2 to 7 years, in both cases with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 5 to 10 years (in the case of art. 327 para. (2) letter b1) of the Criminal Code) and with imprisonment of up to 6 years with a fine in the amount from 100,000 to 200,000 lei, and the legal person is punished with a fine in the amount from 300,000 to 500,000 lei with the deprivation of the right to exercise a certain activity (in the case of art. 325 paragraph (1) of the Code criminal).
The criminal investigation was carried out by the General Territorial Directorate Southn of the National Anticorruption Center under the management of the Anticorruption Prosecutor's Office South and lasted for a year.
Note: A person accused of committing a crime is presumed innocent until proven guilty by a final court decision.