Former Minister of Health sentenced in Cluj to 3 years and 6 months in prison with execution for accepting bribes while he was a hospital director

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The former Minister of Health Sorina Pintea was sentenced by the Cluj Court more than four years after being sent to court to hard years in prison with execution for bribery.

Pintea was sent to court by the anti-corruption prosecutors from Cluj in February 2020. The investigators showed that at the time when Pintea was manager of the Emergency County Hospital “Dr. Constantin Opriş” from Baia Mare allegedly received a bribe to grant a public procurement contract. “Between December 2019 and February 28, 2020, the defendant Pintea Sorina, in the capacity mentioned above, would have received, through an intermediary, from the representatives of a commercial company, in two installments, the sums of 10,000 euros and 120,000 lei, which it would not have been due to him, representing a percentage of 7% of the value of a public procurement contract whose object was “the design and execution of the fitting-out works of the operating room-cardiovascular and thoracic surgery room and adjacent spaces”, concluded in 2019 by the hospital unit with the commercial company”, the investigators showed.

Pintea would have received the respective money in connection with the fulfillment of some documents that were part of his duties as a manager and credit orderer. “On February 28, 2020, after receiving the amount of 120,000 lei, activity that would have taken place in the defendant’s office in the hospital, the flagrant crime was established,” DNA prosecutors also say.

The decision was taken by the Cluj Court today. It is not final and has already been appealed by the defendant. To add, the trial lasted four years and had 20 court appearances.

Here is the sentence:

Type of solution: Conviction without recognition agreement
The solution in short:

Based on art. 396 para. (2) C.proc.pen., with the retention of art. 36 para. (1) Penal Code, convicts the defendant PS, at the sentence of 3 years and 6 months in prison with deprivation of liberty, for committing the crime of bribery in a continuous form (2 material documents), prev. of art. 289 para. (1) Penal Code, with the retention of art. 6 of Law no. 78/2000 and with the application of art. 35 para. (1) C. pen.

Pursuant to art. 67 para. (2) C. pen. prohibits the defendant, as a complementary punishment, from exercising the rights to be elected in public authorities or in any other public positions, to occupy a position that involves the exercise of state authority and to exercise the function of manager in a public hospital, prev . of art. 66 para. (1) lit. a), b) and g) Penal Code, for a period of 3 years, which is executed under the conditions of art. 68 para. (1) lit. c) C.pen.

Pursuant to art. 65 para. (1) C. pen. prohibits the defendant, as an accessory penalty, from exercising the rights to be elected to public authorities or to any other public positions, to occupy a position that involves the exercise of state authority and to exercise the function of manager in a public hospital, prev . of art. 66 para. (1) lit. a), b) and g) Penal Code, which is executed under the conditions of art. 65 para. (3) C. pen. Based on art. 72 para. (1) C. pen. deduct from the punishment applied the measure of detention and that of preventive arrest from 29.02.2020 to 06.03.2020.

Pursuant to art. 289 para. (3) C. pen. orders the taking of the security measure of the special confiscation of the sum of 10,000 Euros (equivalent in lei on 20.12.2019) from the defendant Pintea Sorina, which is executed according to art. 574 lit. c) C.proc.pen. and art. 79 para. (1) lit. c) from Law no. 253/2013.

Based on art. 249 para. (1) and (4) and art. 404 para. (4) lit. c) C.proc.pen. maintains the protective measure (seizure) instituted by the order dated 19.03.2020 issued in the criminal file no. 105/P/2020 of the Prosecutor’s Office attached to the High Court of Cassation and Justice – National Anticorruption Directorate – The central structure, on the buildings belonging to the defendant SP, consisting of: – 1/1 share of the extra-urban land in the area of ​​…. common property with the husband GO, – share 1/7 of the extravilla land in the area of ​​…., joint property with GO’s husband, until the competition of the amount of 47,736 lei.

Pursuant to art. 146 para. (3) C.proc.pen. orders the preservation by archiving together with the case file at the court headquarters, in special places, with the assurance of confidentiality, of the optical supports containing the materials resulting from the technical supervision.

Pursuant to art. 398 rap. to art. 274 para. (1) C.proc.pen. compels the defendant to pay the legal costs advanced by the state in the amount of 17,407 lei. According to art. 275 para. (6) C.proc.pen., the partial fee of the ex officio defender, av. Jiman Mara-Roxana, in the amount of 900 lei, will be advanced from the fund of the Ministry of Justice. Enforcement regarding the maintenance of the precautionary measure. With the right of appeal within 10 days from the communication of the criminal sentence.

Pronounced by making the decision available to the defendant and the prosecutor through the mediation of the court registry, today, 26.04.2024.

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The article is in Romanian

Tags: Minister Health sentenced Cluj years months prison execution accepting bribes hospital director

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