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
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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