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În ce condiţii poate continua procesul lui Sebastian Ghiţă după ce SIIJ a cerut retragerea apelului/ ÎCCJ, așteptată să ia o decizie

By Andreea Traicu , in Justitie Stirile zilei , at 25 iunie 2019 Etichete: , , ,

ÎCCJ a dezbătut, marți, retragerea apelului în dosarul în care Sebastian Ghiță a fost judecat alături de mai mulți polițiști și procurori din Prahova. În primă instanță, judecătorii au dispus achitarea inculpaților, iar dacă ÎCCJ va admite cererea SIIJ de retragere a apelului, procesul va înceta.

Procurorul de ședință de la Parchetul General a cerut, la termenul de marți, continuarea procesului pentru Sebastian Ghiță pentru acuzația de șantaj la adresa omului de afaceri Theodor Berna până când acesta va preciza dacă își va însuși apelul parchetului, acesta fiind parte civilă în dosar.

ÎCCJ, aşteptată să se pronunţe

„Pentru infracțiunea de șantaj reținută în sarcina lui Ghiță exista parte civilă, iar legea prevede că apelul retras de procuror poate fi însușit de partea vătămată. Formulez cerere de disjungerea a cauzei fata de ceilalți inculpați pentru toate faptele și fata de Ghiță, cu excepția plângerii de șantaj, as dori sa fie amânată cauza pentru că partea civilă sa fie citata și întrebată dacă își însușește sau nu apelul declarat în cauză (..) Va rog să luați act de retragerea apelului declarat de DNA fata de toți inculpații, cu excepția lui Ghiță Sebastian, fata de care sa se disjungă cauza pentru a fi ascultata pozitia părții civile cu privire la infracțiunea de șantaj și însușirea apelului pentru aceasta infracțiune”, a spus procurorul de şedinţă.

„Artificiul propus de parchet are un caracter artificial. Nu poți modifica acțiunea penală exercitată în acest caz.
Apelul părții civile nu poate privi decât partea civilă a cauzei”, a replicat avocatul lui Sebastian Ghiță.

De asemenea, magistrații trebuie să decidă dacă admit o cerere de neconstituționalitate invocată de procurorul de ședință. Este vorba despre articolul care se referă la efectuarea urmăririi penale de către Secția pentru Investigarea Infracțiunilor din Justiție.

Acuzațiile procurorilor

DNA a cerut condamnarea fostului deputat, precum şi a celorlalţi inculpaţi, însă instanţa de fond a considerat că sunt nevinovaţi.

Sebastian Ghiţă a fost trimis în judecată pentru dare de mită, cumpărare de influenţă, spălare de bani, şantaj, două infracţiuni de folosire, în orice mod, direct sau indirect, de informaţii ce nu sunt destinate publicităţii ori permiterea accesului unor persoane neautorizate la aceste informaţii şi conducerea unui vehicul fără permis de conducere.

În dosar mai sunt judecaţi Liviu Tudose, fost procuror general al Parchetului de pe lângă Curtea de Apel Ploieşti, Viorel Dosaru, fost şef al Inspectoratului de Poliţie Judeţean Prahova, Constantin Ispas, ofiţer de poliţie, Aurelian Constantin Mihăilă, fost procuror general adjunct al Parchetului de pe lângă Curtea de Apel Ploieşti.

„Sper sa plec din această sală după trei ani de calvar după o carieră pierdută să pot intra pe ușa din față în instituția pe care am condus o.imi doresc să luați act de retragerea apelului și să revin la viață”, a spus Viorel Dosaru în fața judecătorilor.

„Pentru mine dispozițiile legale care permit retragerea apelului instituție o veritabilă măsură reparatorie.am convingerea că în legătură cu acest dosar procurorii de caz au făcut infracțiuni cu ghiotura, e o chestiune de timp până se va dovedi”, a declarat Liviu Tudose.

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