Judge Corina Ciobanu from the Bucharest Court of Appeal sent a request to the Bulgarian authorities, to find out if Elena Udrea can still be tried in the cases pending in the courts in Romania, as a result of the extradition from the neighboring country.
On Tuesday, judge Corina Ciobanu should have heard Elena Udrea in the ‘Hidroelectrica’ file, in which Udrea is accused of influence peddling and money laundering, in connection with the sum of 5 million dollars received from the businessman Bogdan Buzăianu.
Udrea is in the Târgşor penitentiary, where he is serving a 6-year sentence received in the “Gala Bute” file, and the hearing at the Bucharest Court of Appeal was to be done via video conference.
At the beginning of the trial, Elena Udrea’s lawyers requested the termination of the criminal trial on the grounds that the facts of which Udrea is accused in this file have expired, a decision of the Constitutional Court from May 2022 being invoked in this regard, according to Agerpres.
The magistrate in charge of this file, Corina Ciobanu, brought up a matter of procedure ex officio, invoking the “rule of specialty” from Law 302/2004, which provides that the country that extradites a person to Romania can impose certain restrictions on the trial and criminal prosecution of the extradited person.
According to Law 302/2004, a person surrendered as a result of extradition will neither be prosecuted, nor tried, nor detained for the execution of a sentence, nor subject to any other restriction of his individual freedom, for any fact prior to surrender, other than that which motivated the extradition.
Basically, the judge wants to know if the judicial authorities in Bulgaria have decided that Elena Udrea should be extradited to Romania only for the “Gala Bute” file, a condition in which she will no longer be able to be judged in the other files she has pending before the courts .
Asked by the judge Corina Ciobanu if in the courts in Bulgaria he took or gave his consent for the “rule of specialty”, Udrea said that he does not know what it is about because he is not a lawyer.
Although the lawyer of Elena Udrea mentioned that such a thing was not discussed in the Bulgarian courts, the judge insisted on sending an address to the neighboring country in order to be given clarifications regarding the extradition conditions.
Elena Udrea currently has two pending cases in Romanian courts:
* The ‘Hidroelectrica’ file, at the Court of Appeal in Bucharest, in which she was sent to court by the DNA for influence peddling and money laundering, alongside the journalist Dan Andronic, accused of perjury. According to DNA, Elena Udrea accepted the promise made through intermediaries by the businessman Bogdan Buzăianu, in 2011, to receive the sum of 5 million dollars in order to exert his influence on the decision-makers within the Ministry of Economy and Hydroelectricity, in order to maintaining, under the conditions already negotiated, the contracts that the businessman’s company had concluded with the energy producing company.
* The file regarding the financing of the electoral campaign of Traian Băsescu from 2009. In the first instance, Udrea received an eight-year prison sentence for committing the crimes of inciting bribery and money laundering. The trial is judged in the appeal phase at the Supreme Court.
Tags: elena udrea,
Publication date: 06-09-2022 13:37