2126 Views The Anticorruption Prosecutor's Office has announced the completion of the criminal investigation and referral to the court for examination of the criminal case accusing the lawyer who was previously announced as evading and refusing to comply with the legal requirements of the law enforcement bodies, being criminalized for committing the crime of filing a false report and giving false statements (art. 311 para. (2) letter c) and art. 312 para. (2) letter c) of the Criminal Code).
The criminal investigation was started in November 2021, by the Anticorruption Prosecutor's Office based on a complaint.
According to the evidence administered jointly with the NAC, the lawyer filed a knowingly false complaint against a police employee with a criminal investigation body, accusing him of exceeding his duties and falsifying public documents, namely that the police officer falsified the content and data of a report on the findings on his behalf, although he knew with certainty that the report on the findings was completed by himself.
Later, the accused being heard in a criminal trial, initiated by the Anticorruption Prosecutor's Office based on the complaint, being prevented from criminal liability according to art. 312 of the Criminal Code, knowingly submitted false statements, accompanied by the artificial creation of incriminating evidence, indicating that the data and statements in the report on the findings were not written by him, but were falsified by the police collaborator.
We remind that, on February 15, 2022, the lawyer was charged in absentia for filing a denunciation and false statements, refusing to appear at the Anti-Corruption Prosecutor's Office to face charges.
Thus, it was ordered to forcibly bring the accused 12 times for the inditement, but due to his refusal to appear, especially to leave the home, the accusation was not submitted to the accused. Moreover, as a result of the defendant's evasion from prosecution, the Council of the Lawyers' Union was requested 6 times to give consent for his detention, search and arrest, but each time, the Council of the Lawyers' Union rejected all the prosecutor's actions.
As a result of the evasion, on May 31, 2022, the accused was announced as wanted.
On June 12, 2023, having been summoned by the police to accompany them to the headquarters of the AP, the accused entered the office of a lawyer in the municipality of Chisinau, where he refused to obey the legal requirements of the law enforcement bodies. In the end, the accused was escorted to the Anticorruption Prosecutor's Office by the police and NAC collaborators, where he was presented with the accusation and interviewed on the accusation.
The accused did not admit his guilt, and the criminal case was sent for examination to the Chisinau Court, Buiucani headquarters.
For the crime committed, the law provides for the punishment in the form of a fine ranging from 27,500 to 57,500 lei or imprisonment of up to 5 years (in the case of art. 311 paragraph (2) letter c) of the Criminal Code) and a fine in the amount from 27,500 to 57,500 lei or with imprisonment of up to 5 years, in both cases with (or without) the deprivation of the right to hold certain positions or to exercise a certain activity for a period of up to 3 years (in the case of art. 312 para. (2) letter c) of the Criminal Code).
Note: A person accused of committing a crime is presumed innocent until proven guilty by a final court decision.