Livia Stanciu has not been deported! Unusual details on the mysterious case Gutau

Judge Livia Stanciu recently informed INM management of the lack of time to continue working as a trainer at the Institute, given the intense work of the Constitutional Court. As such, the NIM management has not asked for an opinion to maintain its trainer status for the next year of training, "said a statement from the NIM.

The notice is required of the CSM, which, because of the withdrawal of Livia Stanciu, did not even come to discuss the maintenance of the activity of the former head of the ICCJ at the MNI, let alone to deny it.

The news about the "donation" of Livia Stanciu was broadcast Wednesday night by Antena3, a television channel that broadcasts the so-called rejection of the Gutau affair: "Judge Livia Stanciu, former president of the ICCJ, was released Wednesday from the National Judicial Institute as a result of the decision of the European Court of Human Rights not to provide a fair trial to the former mayor of Ramnicu Valcea Mircia Gutau. "

The information on the form provided by Antena 3 did not even have the possibility to be correct, since The ECHR has not condemned the decision of the panel of judges in the Gutau case, but the fact that the law then in force in Romania, namely the old code of criminal procedure, does not have the same effect. did not authorize the re-admission of evidence with witnesses during the last ordinary strikethat is to say the call.

Under the aegis of the ECHR, a final sentence of conviction can be pronounced, after acquittal in the lower courts, only by a re-examination of the evidence.

In order to respect this legislative irregularity imputed to Romania by the ECHR and in other cases, the new Code of Criminal Procedure reduced the number of ordinary remedies to a single devolutionary route, namely the re-administration of the guardian to evidence.

In the old code, there were two ordinary remedies, the first only devolutionary, the second presupposing strict verification of the evidence already processed by the lower courts and hearing the accused.

History of the Gutau case

The Gutau case remains extremely controversial.

In 2010, the mayor of Ramnicu Valcea was finally found guilty of corruption by a full ICCJ headed by Hermina Iancu, who also rendered a separate opinion in the sense of acquittal, including Judges Livia Stanciu and Vasile Alicsandi, pronounced for the sentence.

Vasile Alicsandri died in July 2012 after an illness.

The test considered essential in the Gutau case is a video recording made by the prosecutor's office, in which the mayor gestures in a sense considered by the judges as an acceptance of the bribe and this sample was looked at directly in the last instance .

After the review of the conviction of Mircea Gutau following the decision of the ECHR, the former mayor was acquitted by a full group of Rodica Cosma (considered a close friend of Hermina Iancu, who had an opinion separated on the first conviction), Simona Nenita (wife of Catalin Voicu's lawyer) and Anca Alexandrescu.

What has not been said, too, is that Mircia Gutau still has a criminal conviction. In 2014, he was sentenced to two years and six months imprisonment by the Court of Appeal of Craiova, with execution for abuse of service. In reality, she was not executed and was released because the court found that she had executed the sentence after her conviction in 2010, when the sentence was merged.

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