Judge: No evidence that money from fraud case reached Călin Georgescu
Judge Diana Nicoleta Costea ordered the replacement of Călin Georgescu's preventive arrest with house arrest, reasoning that there is no evidence that Georgescu received money from the alleged 1.1 million euro fraud.
Reasoning for the decision: lack of evidence that Georgescu directly benefited from money
Judge Diana Nicoleta Costea at Bucharest Court ordered on 9 November the replacement of Călin Georgescu's preventive arrest with house arrest, citing, among other things, the absence of any evidence that the former presidential election candidate received financial benefits from the alleged fraud. The decision was contested by DIICOT, according to ProTV News.
Georgescu is accused of defrauding businessman Răzvan Leu of 1.1 million euros, together with Ionel Rusen and Italian national Arena Massimiliano. The company SC Real Concrete LTD, represented by Leu, is listed as an injured party in the case.
What information from international letters rogatory shows
Data transmitted by Swiss judicial authorities through international letters of request shows that part of the sum deposited by Răzvan Leu as a guarantee was subsequently transferred to the accounts of Georgescu's associates: 53,728 euros in four transactions to Arena Massimiliano (January–February 2022), 6,007 euros to Ionel Rusen (4 January 2022) and 158,421 euros in three transactions to Rusen's wife, Eliza Patricia Ecobici (February 2022).
"There is currently no evidence to the effect that the defendant Călin Georgescu has received, directly or through intermediaries, any unjust financial benefit resulting from the commission of the crimes of which he is accused," the judge explained in her reasoning for the decision.
Partial efforts to recover damages, noted by the court
The magistrate notes that, before the commencement of criminal proceedings, both defendants made efforts to cover part of the damage. On 6 October 2023, Georgescu made a payment of 118,000 lei to Răzvan Leu through his father-in-law, Vasile Moldoveanu. On 10 May 2022, Ionel Rusen transferred 900,000 lei to Leu's account, with the note "gift" in the transaction details field.
The judge further notes that the authorities have imposed protective measures on a property owned by Georgescu in Mogoșoaia, Ilfov county, and on sums in his accounts. According to the defendant's statements, the property has an acquisition price of approximately 240,000 euros, and his accounts contain approximately 100,000 euros. Under these circumstances, the judge considers that the damage has been partially recovered and remains partially recoverable through the sale of the seized assets.
Danger to public order deemed diminished
Costea considers that the state of danger to public order generated by Georgescu's conduct "has undergone a diminution that can no longer justify his continued detention in preventive arrest." The magistrate did not identify arguments supporting a high risk of committing new crimes that could not be managed through a milder measure.
"The judge of rights and freedoms determines that, at this procedural moment, placing the defendant Călin Georgescu under house arrest is both necessary and sufficient to ensure the proper conduct of criminal proceedings, to prevent the defendant's avoidance of criminal proceedings or trial, or to prevent the commission of new crimes," the reasoning states.
The judge adds that the extensive media coverage of Georgescu's legal situation, combined with the firm measures adopted by the judicial authorities, was sufficient to draw public attention and to reduce the probability of future criminal activities.
"The minimum period of 42 days of preventive arrest was sufficient to make the defendant aware of his legal situation and of the risks to which he exposes himself in the event of committing new crimes," the judge concludes in her reasoning.
Conditions imposed during house arrest
During the measure, Georgescu is obliged to wear an electronic monitoring bracelet and to periodically communicate relevant information about his means of subsistence.
Georgescu's statements before the court
During the hearing, Georgescu stated that he is "totally innocent" and that his family "suffers enormously." He also invoked his other criminal cases, stating that he understands procedural rules and that it is in his interest to prove his innocence "before the Romanian people."
"He states this, specifically, because he has a single conscience, in the Holy Spirit," the judge notes from the defendant's statement.
Source: Știrile ProTV