Friday, 21 March 2014

The investigation of Ionut Anghel's death has been finalized, the culprits are to be prosecuted.



Prosecutors from the Department of forensic investigations completed the investigation in the case know generically as "child killed by strays" and ordered the indictment of the Public Domain Administration Sector 2 Bucharest and SC TEI Residential SRL Bucharest for manslaughter, provided for and punishable under Article 178, paragraph 2 of the Penal Code of 1969, with the application of Article 5, paragraph 1 of the new Penal Code, reads a press release from the Prosecutor's Office, from the High Court Of Justice.

In the same case Constantin Ciorascu was also put on trial for manslaughter, punishable under article 192, paragraph 2, from the Penal code.

"There's a difference that exists in terms of legal classification of the offense of manslaughter incriminating legal persons and that of manslaughter incriminating natural persons. This is based on the sequence of criminal laws that intervened from the time the offense occurred until now. So, if the individual liability limits were kept by the new Penal Code (imprisonment from 2 to 7 years), the criminal liability of the legal person has seen a growth of the fine limits, under the provisions of the new Penal Code, prosecutors said.

In the case of Constantin Ciorascu, we used the individual liability from the new Penal Code and in terms of the legal person's liability we applied the exception that derives from the  principle of the most favorable criminal law enforcement.

Prosecutors show that in the indictment sent to the court, the Administration of the Public Domain, sector 2, Bucharest, has not taken adequate measures concerning boundary fencing or delimitation of the Tei park area from the vacant land in the immediate vicinity, which allowed the passing of Ionut Anghel and his brother into "a wild area and created the conditions for their unhindered entry on a private property, without fencing, guarded by seven dogs, whose attacks led to the death of the minor A.I.C.".

In the case of Tei Residential SRL Bucharest company and its manager, Constantin Ciorascu, it must be retained that "they did not provide the organizational framework to prevent the dog atack on the minor A.I.C, did not maintain the integrity of the fence for keeping the company dogs exclusively withing the fenced perimeter of the firm, and the obligations arising from the law relating to the ownership of dogs, including those dangerous or aggressive, circumstances that led to the death of the minor A.I.C."

The case was sent to the court of law in Sector 2, Bucharest. Ionut Anghel, four years old, died on September 2, 2013, after being attacked by dogs on a land near Tei Park.

Death was caused by external hemorrhage, with hundreds of wounds being found on it's body, said on the 3rd of September 2013, for Mediafax, the doctor who did the autopsy, Abdo Salem, from the National Institute of Forensic Medicine. The doctor stated that only the child's sole didn't have  any plagues, the rest of the body having hundreds of dog bites.

The case of Ionut Anghel's death was opened on the 3rd of September 2013, and a day after the investigation was taken over by the prosecutors from the supreme court, who have done the investigations regarding manslaughter.

The investigators have heard in this case, among others, the parents and the grandmother of Ionut Anghel, Razvan Bancescu, project coordinator at ASPA, Carmen Secareanu, president of the Kaleidoscope Association, Lavinia Mirela Nica, ex-volunteer of Kaleidoscope Association, Marcela Pisla, president of the "Cutu, cutu" Association, Constantin Ciorascu, the owner of the land where Ionut Anghel was killed by dogs and Octavian Sandu, the man who brought Ionut Anghel's brother to his grandmother, in Tei Park.

Six dogs were seized in September 2nd, 2013, from the firm's property on Tuzla street, near Tei park, where Ionut Anghel was killed by dogs. One of them, who had blood on his nose, was sterilized by ASPA and adopted by the Kaleidoscope Foundation in 2008, said Razvan Bancescu.

Policemen fined in september 2013, the SC Tei Residential SRL company, which manages the land where Ionut Anghel was killed by dogs. Representatives of the company were fined 2000 lei(aprox. 450 euros)  because they didn't have a security plan for the property, police sources told Mediafax.

Also, the man guarding the property was fined 300 lei (aprox. 65 euros) because he was not qualified to provide security services.

Images captured by camers in Tei Park on september 2nd 2013, before Ionut Anghel was found dead, aired on september 19th in the media. Ionut Anghel and his 6  year old brother were seen while playing and running on an alley in the park, their grandmother doesn't appear on the recording. At one point Ionut's brother is brought in the park by a man. This man goes with the child to a security guard, and after a few seconds the three men were seen headed to where the children's grandmother would have been.

After a few minutes, the man who brought the boy appears in the video while moving toward the park's exit. At around 11:30, Ionut was found killed by dogs on a private property near Tei park.

After the images where shown by the media, the investigating prosecutor ordered the seizing of the images captured by the security cameras in Tei park.

Prosecutors have questioned Octavian Sandu, as a witness, the man who took Ionut Anghel's brother to his grandmother in Tei park.

Octavian Sandu, said, on his way out from the Prosecutor's office, that on september 2nd 2013 he saw  Ionut's brother on the street and that he was scared. He took him and brought him to his grandmother in Tei park. He mentioned that he approached the boy after seeing he was crying, realizing that something wrong happened. He said he found out that there was another child that got lost when he brought Ionut's brother to his grandmother.

source: http://www.realitatea.net/cazul-ionu-ancheta-privind-decesul-lui-ionut-este-finalizata-dosarul-va-fi-trimis-in-instanta_1403961.html

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