Juridical situation >>> Status >>> INFORMATIONS FROM THE MINUTE OF THE PENAL DECISION NO 86/23 APRIL 2010
I. ACCUSATIONS FOR WICH ACQUITTAL WAS RULED FOR FINDING THE ABSENCE OF THE ALLEGED OFFENCE
1) On the grounds of the Article 11, point 2, letter A, related to Article10, parapgraph 1, letter A of P.P.C, the defendant Bivolaru Gregorian is acquitted for having committed offence of sexual act with a minor, prescribed by Article 198, paragraph 2 and 3 of P.P with the application of Article 41, paragraph 2, P.C (injured party Dumitru Madalina).
2) On the grounds of Article11, point 2, letter A, related to Article10, point 1, letter A of P.P.C, the defendant Bivolaru Gregorian is acquitted for having committed offences of sexual perversion in a continuous form, prescribed by Article 201, paragraph 3, 31, P.C, with application of Article 41, paragraph 2 of P.C.
3) On the grounds of Article11, point 2, letter A, related to Article10, point 1, letter A, P.P.C, the defendant Bivolaru Gregorian is acquitted for having committed the offence of minor trafficking, prescribed by Article 13, paragraph 1, paragraph 3, thesis I, paragraph 4, thesis III, related to Article 12, paragraph 1, paragraph 2, letter A of the Law no. 678/2001 (regarding the injured party Dumitru Madalina).
4) On the grounds of Article11, point 2, letter A, related to Article10, point 1, letter A, P.P.C, the defendant Bivolaru Gregorian is acquitted for having committed the offence of sexual act with a minor, prescribed by Article 198, paragraph 2 and 3 of P.C (injured party Simionescu Ilinca).
5) On the grounds of Article11, point 2, letter A, related to Article10, point 1, letter A, P.P.C, the defendant Bivolaru Gregorian is acquitted for having committed the offence of minor trafficking, prescribed byArticle 13, paragraph 1 and 3, thesis I, of the Law no. 678/2001 (regarding the injured party Simionescu Ilinca).
II. ACCUSATIONS FOR WICH ACQUITTAL WAS RULED FOR FINDING THE PRESCRIPTION (THE ADVANCE) OF THE TERM PASSED SINCE THE COMMISSION OF THE ALLEGED OFFENCE
(this term is calculated before the analysis of the deed, if it was or not committed)
1) On the basis of Article 11, point 2, letter B, related to Article10, point 1, letter G, P.P.C, rules to stop the trial against the defendant Bivolaru Gregorian for having committed the offence of sexual corruption, prescribed by Article 202, paragraph 3, P.C as a consequent of the intervention of the prescription of criminal liability.
2) On the basis of Article 11, point 2, letter B, related to Article10, point 1, letter G, P.P.C, rules to stop the trial against the defendant Bivolaru Gregorian for having committed the offence of sexual act with a minor in a continuous form, prescribed by Article 198, paragraph 2, P.C, with the application of Article 41, paragraph 2 of P.C, Article13 of P.C as a consequent of the intervention of the prescription of criminal liability (injured party Muresan Agnes Arabela).
3) On the basis of Article 11, point 2, letter B, related to Article10, point 1, letter G, P.P.C, rules to stop the trial against the defendant Bivolaru Gregorian for having committed the offence of fraudulous attempt of crossing the Romanian board, prescribed by Article 76, paragraph 1 and 3, GEO/2001, ammended by Article 29, pct.1, of the Law no.39/2003.
III. DEEDS OF OTHER DEFENDANTS IN THE FILE
1) On the grounds of Article 11, point 2, letter B, related to Article10, point 1, letter G, P.P.C, rules to stop the trial against the defendant Farkas Ferenc Zsolt for having committed the attempt to the offence of migrant trafficking, prescribed by Article 71, paragraph 1 and 4 of (Government Emerency Ordinance) GEO/105/2001 ammended, Article 29, point 2, of the Law no. 39/2003.
2) On the grounds of Article11, point 2, letter B, related to Article 10, point 1, letter G, P.P.C, rules to stop the trial against the defendant Farkasi Maria Mirona for having committed the offence of sexual corruption in a continuous form.
Read also:- SIBIU COURT HAS RULED: GREGORIAN BIVOLARU IS INNOCENT
- the article "A great victory!" on Mihai Stoian's Blog
- the movie MISA and Gregorian Bivolaru looking for the Truth