Former footballer Tibi Selymes was ACQUITTED in a corruption case

The Târgu Mureș Court of Appeals definitively acquitted former footballer Tibor Selymes in a corruption case. Selymes had been accused, along with five policemen, but also by his wife, that would have contributed to covering up a traffic accident. The court established the non-existence of favoring the perpetrator.

The High Court of Cassation and Justice had moved from the Brașov Court of Appeal to the Mureș Court of Appeal the case of former footballer Tibor Selymes and the traffic policemen who allegedly favored him after he drove drunk and caused an accident. As a result of the event, four people were seriously injured, and two of those crushed by the impact required the removal of their spleens. The irony of fate, Tibi, a character of the Golden Generation, was called the footballer without a spleen.

In 2017, DNA Brașov sued Tibor Selymes and his wife, along with several policemen from the Brașov Traffic Police, accused of favoring the footballer.

The acquittal decision

Here is the solution given in the file by the judges of the Târgu Mureș Court of Appeal:

“Rejects the request for reinstatement of the case, formulated by DNA – Territorial Service Tg. Mures.

Pursuant to art. 421 point 2 letter a Criminal Procedure Code admits the appeals declared by the Prosecutor’s Office attached to the ÎCCJ – DNA Territorial Service Braşov, the defendants ……… against the criminal sentence no. 175/S of September 6, 2022, pronounced by the Braşov Court in file no. 2813/68/2018 and consequently:

Based on art. 423 para. 1 Criminal Procedure Code partially annuls the appealed judgment and rejudging the case disposes within the limits below: 1. Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. b) sentence I of the Code of Criminal Procedure acquits the defendant TC for committing the crime of inciting abuse of office if the civil servant obtained for himself or for another an improper benefit in a continuous form, prev. of art. 47 Criminal Code rap. to art. 132 of Law no. 78/2000 rap. to art. 297 para. 1 Criminal Code, with the application of art. 35 para. 1 Criminal Code – 4 material documents.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. a Code of criminal procedure acquits the defendant TC for committing the crime of favoring the perpetrator, prev. of art. 269 ​​para. 1 Criminal Code, with the application of art. 46 para. 2 Criminal Code 2.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. b) sentence I of the Code of Criminal Procedure acquits the accused OI for committing the crime of complicity in abuse of office if the civil servant obtained for himself or for another an improper benefit in a continuous form, prev. of art. 48 Criminal Code rap. to art. 132 of Law no. 78/2000; and art. 297 para. 1 Criminal Code, with the application of art. 35 para. 1 Criminal Code – 3 material documents.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. a Code of criminal procedure acquits the defendant OI for committing the crime of favoring the perpetrator, prev. of art. 269 ​​para. 1 Criminal Code, with the application of art. 46 para. 2 Criminal Code. 3.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. b) sentence I of the Code of Criminal Procedure acquits the defendant CMV for committing the crime of abuse of office if the civil servant obtained an undue benefit for himself or for another, provision of art. 132 of Law no. 78/2000 rap. to art. 297 para. 1 Criminal Code.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. a Criminal Procedure Code acquits the defendant CMV for committing the crime of favoring the perpetrator, prev. of art. 269 ​​para. 1 Criminal Code, with the application of art. 46 para. 2 Criminal Code. 4.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. b) sentence I of the Code of Criminal Procedure acquits the defendant SCL for committing the crime of abuse of office if the civil servant obtained an undue benefit for himself or for another, prev. of art. 132 of Law no. 78/2000 rap. to art. 297 para. 1 Criminal Code. Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. a Criminal Procedure Code acquits the defendant SCL for committing the crime of favoring the perpetrator, prev. of art. 269 ​​para. 1 Criminal Code, with the application of art. 46 para. 2 Criminal Code. 5. Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. b) sentence I Criminal Procedure Code acquits the defendant GIG for committing the crime of abuse of office if the civil servant obtained an undue benefit for himself or for another, prev. of art. 132 of Law no. 78/2000 rap. to art. 297 para. 1 Criminal Code.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. a Criminal Procedure Code acquits the defendant GIG for committing the crime of favoring the perpetrator, prev. of art. 269 ​​para. 1 Criminal Code, with the application of art. 46 para. 2 Criminal Code. 6.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. b) sentence I of the Code of Criminal Procedure acquits the defendant SD for committing the crime of complicity in abuse of office if the civil servant obtained for himself or for another an improper benefit in continued form prev. of art. 48 Criminal Code rap. to art. 132 of Law no. 78/2000 and art. 297 paragraph 1 Criminal Code, with the application of art. 35 paragraph 1 Criminal Code – 3 material documents. 7.

Pursuant to art. based on art. 396 para. 5 Code of criminal procedure rap to art. 16 para. 1 lit. b) sentence I of the Code of Criminal Procedure acquits the defendant ST for committing the crime of complicity in abuse of office if the civil servant obtained for himself or for another an improper benefit in a continuous form prev. of art. 48 Criminal Code rap. to art. 132 of Law no. 78/2000 and art. 297 paragraph 1 Criminal Code, with the application of art. 35 para. 1 Criminal Code – 3 material documents.

It states that by criminal decision no. 159/AP pronounced by the Braşov Court of Appeal on March 2, 2023 in criminal file no. 2813/62/2018 was rejected as unfounded the appeal declared by the civilly responsible party Societatea de Asigurare Uniqua Asigurări SĂ against criminal sentence no. 175/S of September 6, 2022, pronounced by the Braşov Court in file no. 2813/68/2018 and the appeals filed by the Prosecutor’s Office attached to the ÎCCJ – DNA Territorial Service Braşov, defendants TC, OI, CMV, SCL and GI Gi., appeals regarding the crimes of abuse of office and favoring the perpetrator, were dismissed. It maintains all the other provisions of the contested decision that do not contradict the presence.

Based on art. 275 para. 3 of the Criminal Procedure Code, the legal expenses advanced by the state in the procedure for resolving this appeal remain the responsibility of the state. Based on art. 275 para. 6 Criminal Procedure Code, the value of the fees of the lawyers appointed ex officio in favor of the defendants OI, SD (partial fee of 1,000 lei) and ST (partial fee of 1,000 lei) remains the responsibility of the state and is advanced from the special fund of the Ministry of Justice, in favor of the Mureş Bar Association . Definitive. Pronounced by making the solution available to the defendants, the parties and the prosecutor, through the intercession of the registry office, today March 28, 2024″, it is stated in Decision 156/2024 of March 28, 2024.

Five years until trial

According to DNA, on January 15, 2012, at 6 a.m., drunk behind the wheel, the ex-footballer drove his car in the opposite direction and injured 4 people in a car that was driving normally. Two of the victims were left crippled, without a spleen. According to prosecutors, police officers sent to the scene helped Selymes, did not breathalyze him on the spot, took him to police headquarters and left him to sleep for 4 hours before taking him to the hospital for evidence collection biological.

Police officers, collateral victims

The decision was taken on September 22, 2023 at the request of two of the traffic policemen sent to court in this case.

The relocation decision came after, on June 19, the Brașov Court of Appeal, which remained in judgment, decided not to terminate the criminal process as a result of the application of the CCR and ÎCCJ decisions regarding the prescription, but to wait for the CJEU decision regarding their non-application. “The trial of the case is suspended until the Court of Justice of the European Union pronounces the decision in case C-107/23”, says the decision of CA Brașov.

On September 6, 2022, the Brașov Court ordered the termination of the criminal trial for all defendants as a result of the CCR’s decisions regarding the statute of limitations. “Based on art (…) interpreted by Constitutional Court Decisions no. 297/2018 and no. 358/2022 (…) terminates the criminal trial started against the defendant SELYMES TIBOR, for committing the crime of culpable bodily harm”, is the decision of the Brașov Court regarding one of the charges against the former international.

One of the policemen in the case, Ionel Onosă, former head of the European and National Roads Bureau within the Brașov Road Service, appealed to the High Court the decision to suspend the trial and, together with another policeman tried in the case, Ionuț Gomoescu, filed a request of relocation of the file (which was admitted to them on September 22).

“In several cases, the judges of the Criminal Section of the CA Brașov ordered the referral to the CJEU regarding the non-application of recent decisions of the CCR regarding the provisions of art. 155 C.Pen (article on prescription – no).

Thus, CA Brașov is the only court in the country that proceeded in this sense, in contradiction with the jurisprudence of the supreme court in the matter, an aspect likely to strengthen my conviction that they are trying to convict the undersigned at all costs, despite the fact that both the trial court the constitutional court, as well as the ÎCCJ, ruled that in the period 2018-2022, there were no causes for interrupting the general limitation period for criminal liability, in which context the general limitation periods are to be applied”, the police officer pointed out Ionuț Gomoescu in the transfer request to the ÎCCJ, through the lawyer Vladimir Ciolacu (former defender of Ionel Arsene, the fugitive baron of Neamț convicted for corruption).

Meanwhile, on July 24, the CJEU gave its verdict in case C-107/23 and decided that the Romanian courts should not apply the decision of the ÎCCJ interpreting the decisions of the CCR regarding the prescription. Basically, the CJEU said that the courts can apply the decisions of the CCR regarding the prescription in the period from 2018 to 2022, but they cannot apply the decision of the ÎCCJ that extended this period until 2014. In other words, the CJEU decided, the criminal acts are prescribed faster in the period of 2018 – 2022, not in the period 2014 – 2022, which would have led to the closure of several files.

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