Passion after the half-million lei damage of Magistrate Oleg Melniciuc // Judge Georgeta Grozav has decided to explain her decision

Viorica Mija
10/10/2023
Sursa: CIJM

The Anticoruptie.md material about the fact that the magistrate Oleg Melniciuc could be compensated by the state with 500 thousand lei caused an incomprehensible reaction from the judicial association. Magistrate Georgeta Grozav came up with details, emphasizing that the decision is not related to the case of illicit enrichment, examined by the Court of Appeal, but to the one in which Melniciuc was unjustly accused of influence peddling. We note that CIJM reporters did not make any statement in this regard, and the references to the illicit enrichment file are strictly contextual. On the other hand, the Ministry of Justice declares that "it will analyze the Decision pronounced on October 9, 2023, by the Chisinau Court, regarding Oleg Melniciuc, and will appeal it to the Chisinau Court of Appeal".

Judge Georgeta Grozav claims, in a statement published on the social media page of the Chisinau Court, Centru headquarters, distributed after the publication of the article, that "the information in the mass media does not correspond to the factual circumstances, which were the basis for issuing the judicial act in the civil case ” and that the decision is not related to the case of illicit enrichment

In the news, MAGISTRATE OLEG MELNICIUC, CONVICTED FOR ILLEGAL ENRICHMENT, WON 500 THOUSAND LEI IN DAMAGES, Anticoruptie.md did not report that the decision approved by judge Georgeta Grozav was related to the case of illicit enrichment and in which Melniciuc was convicted by the court substantive to 7 years in prison. The references regarding this case, which is being examined by the Chisinau Court of Appeal, represent the contextual framework, a procedure used in the press to inform the reader as detailed as possible.

"I announce that the court decision of October 9, 2023, on the above-mentioned civil case, does not refer to the criminal case - illicit enrichment. In the case under examination, it was based on another criminal case - the criminal prosecution in case no. 2017978297 was initiated on August 11, 2017 by the General Prosecutor of the Republic of Moldova, according to the elements of the offense provided for in art. 326 para. (3) lit. a) Criminal Code, based on a citizen's complaint. And, on January 22, 2020, by order of the prosecutor in the Anticorruption Prosecutor's Office, Statnîi Roman, it was ordered to remove the cet. Melniciuc Oleg under criminal investigation no. 2017978297, in accordance with the provisions of art. 284 para. (2) point 2 Criminal Procedure Code. The criminal case no. 2017978297 for the reason that in the shares cet. Oleg Melniciuc, the elements of the offense provided for by art. 326 para. (2) lit. a) Code of Criminal Procedure, or of another offense provided for by the special part of the Criminal Code, in accordance with the provisions of art. 275 point 3) Criminal Procedure Code", explained magistrate Georgeta Grozav.

And the Ministry of Justice came up with more additions. "The adoption of the said decision is based on a criminal case initiated on August 11, 2017, by the General Prosecutor, following a denunciation of influence peddling. On January 22, 2020, by order of the prosecutor in the Anticorruption Prosecutor's Office, it was ordered to remove Oleg Melniciuc from criminal investigation, on the grounds that the elements of the crime of influence peddling were not met, and the criminal case was dismissed. As a result, Oleg Melniciuc filed a summons against the Ministry of Justice, accessory intervener the General Prosecutor's Office and the Superior Council of Magistracy, regarding the way to repair the damage caused by the illegal actions of the criminal investigation bodies, the prosecutor's office and the courts, and the court fully admitted the request", explain the representatives of the Ministry of Justice, emphasizing that the decision is to be contested.

Oleg Melniciuc is sentenced, in the first instance, to 7 years with execution for illicit enrichment. The sentencing of Melniciuc was pronounced by the Anenii Noi Court, Varniţa office, on September 3, 2021, four years after the case for illicit enrichment was started.

As the sentence is not final, the magistrate can continue to exercise his mandate. The punishment will be implemented only if the Chisinau Court of Appeal upholds the decision of the first instance.

Until a final sentence, certain assets of his family, such as a share in a building, but also a Mercedes car registered in the name of his wife, Diana Melniciuc, were seized. The total value would be 1 million lei.

Professional ethics is not the ace of judge Oleg Melniciuc. In 2013, the magistrate Oleg Melniciuc, in a public meeting, called the journalists "dirty". His candidacy was previously rejected by the president Nicolae Timofti also on the grounds that he violated the code of ethics several times and judged being in a conflict of interest. Later, however, he was promoted to the head of the District Court of Râşcani in Chisinau.

Anticorupție.md uncovered how the mother and several relatives of Oleg Melniciuc got apartments in the residential block on Hristo Botev Street 6, in Chisinau, intended for judges.

Viorica Mija
10/10/2023




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