In the context of the appearance in the mass media of some news regarding the “responsibility of the judges” in the case of the “escape” of the accused Șaran Mihail, the Chisinau Court of Appeal comes with the following clarifications.
In fact, by the decision of the Chisinau Court of Appeal of March 29, 2023, the appeal declared by the lawyer in the interests of the accused Şaran Mihail was admitted, the conclusion of the Chisinau Court, Ciocana headquarters of March 16, 2023 was annulled and the preventive measure in the form of of preventive arrest, with house arrest for a term of 20 days, with the release of the house arrest warrant.
The following restrictions and obligations were established for the accused, provided by art. 188 para. (3) and (4) Criminal Procedure Code, namely: the prohibition to leave the house, the limitation of telephone calls, the reception and sending of postal items and the use of other means of communication, the prohibition of communication with the persons involved in the given process, to apply the device of electronic monitoring and keep it in working condition and to wear it permanently, to respond to control signals or to issue control telephone signals, obliging him to appear in person at the criminal investigation body or at the court of law at the appointed time.
When pronouncing the decision, the Court took into consideration all the evidence administered at the prosecutor’s request regarding the extension of the preventive measure, but also the evidence presented by the defense, equally.
The media institutions informed the general public that Şaran Mihail was accused of the fact that his company did not honor its obligations towards several clients, however, we inform you that the object of the accusation against the accused refers to the existing reasonable suspicion regarding his committing the crime of illegal acquisition of other people’s property.
Specifically, according to the documents presented to the Court, Șaran Mihail was accused of acquiring funds from 2 natural persons for the development of the “BISMOBIL” company.
Thus, the Court informs the general public that in the case previously settled in order of appeal, no accusations were brought against Şaran Mihail for the fact that he would have caused damage of millions to tens/hundreds of injured parties, the accusations being limited to when obtaining loans from individuals.
The Court emphasizes that the execution of court documents regarding the application of preventive measures in the form of house arrest is ensured by the Police Inspectorate and the Probation Office, the courts not being competent to supervise persons under house arrest or to verify the execution of prohibitions established in the arrest warrant. At the same time, the courts are not responsible for the violation by the accused of the prohibitions established in the house arrest warrant, the responsibility being placed on the arrested person.
Considering these considerations and reiterating the fact that the object of the accusations brought against Şaran Mihail in the examined case does not refer to “the persons who did not receive their ordered and paid for furniture from “BISMOBIL”, the Court requests the media institutions as before from the publication of news, to check the correctness of the published information, especially when it comes to criminal cases, as well as to show respect for the judicial act, as required by the norm of art. 120 of the Constitution of the Republic of Moldova.
