January 27, 2023

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The judge from Alba who humiliated the police: they are “poorly prepared” for online criminals

A judge from Alba humiliated the policemen who had closed a criminal case for an internet fraud. The magistrate wrote, in black and white, in the motivation of the decision, about the poor training of the policemen who only wanted to get rid of the file.

The police and prosecutors ordered by an ordinance that a criminal file for fraud be closed, but the judge who analyzed the file on the termination of the criminal investigation ordered the resumption of the investigations, by a final decision.

In the reasons for rejection, the magistrate explained that most of those who commit similar crimes on the Internet rely on “poor preparation” of those who investigate such cases, reports the publication Alba 24.

The case was heard at the Câmpeni Court on August 30, 2022.

“From the criminal investigation documents carried out in the case, the following factual situation was noted: On 07.05.2021, the criminal investigation body of the judicial police within IPJ Alba – Criminal Investigation Service was notified by complaint by the aforementioned regarding the fact that following a discussion on WhatsApp with an unknown person, he followed some steps to receive a sum of money, but the sum of 250 euros was withdrawn from his account”, it is shown in the reasoning of the court.

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Dani Mocanu

Scammers send a link, the victim accesses it, enters the card details, and then finds that they run out of money on the card – this is the method often used by scammers.

In this way, a man from Alba was left without 250 euros and complained to the Police.

The case prosecutor wanted to close the file because the police were unable to track down those who operate in this way. The investigators wrote in the report that the scam is a common practice on the Internet and that so far the perpetrators could not be caught. The prosecutor also stated that a good amount of time has passed and that there is no longer any public interest.

The judge’s reasoning

The judge objected, explaining in his reasoning that the criminals rely on the poor training of those who investigate such crimes.

“The manner in which this act was committed indicates a good qualification of the author in terms of committing crimes and the fact that he is not in the first instance with the criminal law.

Moreover, there is the premise that the author of the acts would have proceeded in the same way with other victims, for similar acts committed starting in 2020, for which his identity could not be established in criminal litigation.

This fact denotes a real way of life on the part of the author, relying on the poor training of the bodies that investigate the claimed facts, thus obtaining important incomes to ensure a certain standard of living.

The measure of waiving the criminal prosecution that was ordered in the case would do nothing but encourage the author of the acts, but also other people who would intend to proceed in this way, to commit antisocial acts of a criminal nature, knowing that they do not there would be consequences in terms of criminal liability”it is stated in the reasoning of the court.

As a result, the judge rejected the request to drop the prosecution and sent the case back to the prosecutor. The decision of August 30, 2022 was final.

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