Danilet explains Clotilde Armand verdict: she is not convicted, criminal record does not open
Former judge Cristi Danilet clarifies the legal status of Clotilde Armand following the sentence from the Court of Sector 1. The one-year sentence was not applied; everything can be erased if the two-year probation period passes without problems.
Danilet: "Clotilde Armand was found guilty, but not convicted"
Former judge Cristi Danilet published on Tuesday a detailed analysis on Facebook regarding the sentence handed down in the case of Clotilde Armand, the former mayor of Sector 1, after formulations in the press that he considers inaccurate have circulated. According to G4Media, Danilet argues that the statement "Clotilde Armand was convicted" does not correspond to legal reality.
"I see in the press that it is said 'Clotilde Armand was convicted'. This is not true," wrote Danilet in his post.
What the court decided, step by step
The Court of Sector 1 Bucharest established that Armand is guilty of the offence of using office to favour certain persons in continuous form, identifying four material acts. A sentence of one year's imprisonment was imposed, but this was not applied.
Instead of ordering the execution of the sentence, the court opted for the legal institution called "suspended application of sentence": a probation period of two years, during which Armand has specific obligations to observe under the coordination of the Probation Service.
Immediate consequences: no criminal record, no ban
Danilet emphasises that, at this moment, no criminal record is opened and there is no ban on holding public office. If the two-year probation period is completed without violations, "everything is erased as if this case never existed," according to the former judge.
The situation changes radically if the obligations are not deliberately observed: the sentence will be applied, execution will be in a penitentiary regime, and subsequently a three-year ban on being elected to or appointed to public office will be imposed.
The decision is not final
Danilet draws attention to the fact that the entire analysis remains for the moment hypothetical regarding the final effects: the solution is not final, as the case is to be tried on appeal at the Court of Appeal Bucharest. "Everything can change, both for worse and for better," the former magistrate stated.
Source: G4Media