Criminal case against a former deputy mayor of the capital accused of exceeding his official duties sent to court
Prosecutors from the Prosecutor’s Office of mun. Chisinau, Main Office, have completed the criminal prosecution and sent to court the criminal case of indictment of a person of public dignity for committing the crime of exceeding the duties of office (Article 328 paragraph (3), letter b) of the Criminal Code).
According to the indictment filed by the state prosecutors, the defendant, holding the position of Deputy Mayor of the municipality of Chisinau, and by the Order of the Mayor General being delegated powers in the urban planning of the municipality of Chisinau, including the patronage of the activity of the General Directorate of Architecture, Urban Planning and Land Relations, having the quality of a person of public dignity by virtue of the provisions of Law No. 199 of 16.07.2010 on the status of persons with public dignity and Art. 123 para. (3) of the Criminal Code, acting with intent and in concert with other persons, contrary to the provisions of the Land Code, in the absence of rights of ownership or possession by a limited liability company of a plot of land located in the Rascani sector of the capital, in the absence of the positive opinion of the Association for the management of green spaces, signed the urban planning certificate issued to that company, which allowed the drafting of project documentation for the construction of a multipurpose complex with a leisure, recreation and catering profile.
He also, aware that the urban planning certificate for the design was issued before the establishment of the land lease relations with the company, acting with intent and in concert with other persons, contrary to the legal provisions, without the positive opinion of the state ecological expert and the consent of the population in the area surrounding the square and contrary to the provisions of Articles 34 and 35 para. (1) of Law no. 591 of 23.09. 1999 on green spaces of urban and rural localities, which stipulates that “ensuring the integrity and development of green spaces is one of the basic tasks of the central environmental authority and its territorial bodies, as well as local public authorities” and that “reducing the area of green spaces is prohibited, the full responsibility for the reduction of green areas lies with the local public authorities and the central environmental authority’, signed and issued a building permit to another company (the assignee of the rights of the first company), allowing the construction of a building by reducing the area of green areas in the given square, thereby causing the City Hall of the municipality to Chisinau a material damage in the total amount of 883 000 lei, of which 715 000 lei – the value of the land plot, as well as 168 000 lei – as a result of the reduction of green spaces.
The defendant pleads not guilty.
The criminal prosecution in this case has been completed and sent to the Buiucani Court of Chisinau for examination on the merits, and if the person’s guilt is proven, he faces a maximum penalty of up to 10 years’ imprisonment with (or without) deprivation of the right to hold certain positions or exercise a certain activity for up to 5 years.
Note: A person charged with a criminal offence is presumed innocent until proven guilty by a final court decision.