Although he was suspended from office, after being indicted in a criminal case, the former head of the PCCOCS, was released from by law enforcement bodies at his own request. Moreover, he received a single severance pay of over 272 thousand lei. Subject that the General Prosecutor’s Office avoids talking about.
Why the institution avoided providing details about Chitoroaga’s dismissal tried to find out the news portal SafeNews.md which came into possession of an order issued by the general prosecutor, Alexandr Stoianoglo, which proves that he violated the law when he ordered that Chitoroaga to receive heavy money following his dismissal.
On December 6, 2019, the former head of the PCCOCS, Nicolae Chitoroaga, was suspended from the position of prosecutor, following a request by the general prosecutor, Alexandr Stoianoglo, after he was charged with a criminal case managed by the Anticorruption Prosecutor’s Office. In the end, however, Chitoroaga was released from office at his own request. Information conformed for SafeNews.md by the spokesperson of the General Prosecutor’s Office, Maria Vieru, still in 2020.
Although I previously requested through an official request, addressed to the General Prosecutor’s Office, to be presented with a copy of the order to release Chitoroaga, the former head of the General Prosecutor’s Office, Oxana Țurcanu issued a response in 2020 informing us that the Prosecutor’s Office is entitled to issue a copy of the order of dismissal of Mr. Nicolae Chitoroaga.
In an attempt to understand what is behind Chitoroaga’s release from the PCCOCS leadership, the SafeNews.md editorial office obtained the order issued by Alexandr Stoianoglo. With the receipt of that order, there was clarity as to why the Prosecutor General’s Office avoided making it public. Specifically, the order demonstrates that the Prosecutor General, Alexandr Stoianoglo, clearly violated the law. Or, according to paragraph (5) of art. 62 of the Law on the Prosecutor’s Office, it is indicated that: “If, on the date of dismissal of the prosecutor, there is a contravention procedure in connection with the exercise of his duties or a criminal prosecution against him, the payment of the indemnity provided above is suspended until to the irrevocable settlement of the case. In case of finding the guilt of the prosecutor in these cases, the indemnity is not granted. “
Regarding the amount of the indemnity received by the former head of PCCOCS, the representative of the General Prosecutor’s Office they also refused to provide details. Unlike the General Prosecutor’s Office, which leads us to believe that it deliberately avoided providing details regarding the departure of Nicolae Chitoroaga from the system, the latter confirmed that after his dismissal he still chose the single allowance. Neither more nor less, Chitoroaga received 272,935 lei.
What is the risk of the Prosecutor General for the violation committed
In a country where the judiciary would do its job, following this violation committed by the current Prosecutor General Alexandr Stoianoglo, he should have been held accountable, at least for exceeding his duties. More precisely, by his action he would have harmed the state with an amount that according to art. 126, would be in large proportions.
A brief documentation of the Criminal Code, makes us understand that the actions of Prosecutor General Alexandr Stoianoglo could fall within the provisions of Article 328.
Article 328. Excess of power or exceeding of service attributions
- (1) The actions by a public person of actions that clearly exceed the limits of the rights and attributions granted by law, if it has caused damages in considerable proportions to the public interests or to the rights and interests protected by law of natural or legal persons, is punishable by a fine of from 650 to 1150 conventional units or imprisonment for up to 3 years, in both cases deprived of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years . (11) The unfounded refusal to issue the permissive act which led to the restriction of the right to carry out the entrepreneurial activity, including the unfounded conduct of some controls, if it caused damages to the rights and interests protected by law of natural or legal persons. at least 10 average monthly salaries per economy forecast, established by the Government decision in force at the time of the act,is punishable by a fine of 1200 to 4000 conventional units or imprisonment for up to 6 months, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity from 2 to 6 years shall be punished with a fine from 1200 to 4000 conventional units or by imprisonment for up to 6 months, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years .
- (2) The same accompanying actions: b) the application of the weapon; are punished with imprisonment from 2 to 6 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 5 to 10 years.
(3) The actions provided for in paragraph (1) or (2): b) committed by a person with a position of public dignity; c) committed in the interest of an organized criminal group or a criminal organization; d) resulting in serious consequences, are punished with imprisonment from 6 to 10 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 10 to 15 years.
Who is Nicolae Chitoroaga
In October 2019, the former head of the Prosecutor’s Office for Combating Organized Crime and Special Cases (PCCOCS), Nicolae Chitoroaga, was charged with a criminal case, based on a journalistic investigation.
Then it was written that Nicolae Chitoroaga owns a fish farming business on the territory of Năpădeni village, Ungheni district. The case is registered in the name of his brother and godfather and was not declared by the prosecutor. The man of law allegedly took over the business, in 2005, through a fraudulent scheme from the Mardari brothers from the village of Năpădeni. The case was reported on the Corruption Map by Nicolae Mardari. The man claims that he was deceived by the prosecutor and his relatives.
On November 21, 2019, he was detained by anti-corruption prosecutors, being accused of illicit enrichment. Chitoroaga, together with his godfather, Tudor Bodrug was in pre-trial detention until December 6, 2019. Then the detention for a period of 15 days expired, and the accusers did not request its extension.
We mention that Prosecutor Chitoroaga Nicolae was suspended from office based on the notification of the Anticorruption Prosecutor’s Office. Therefore, when the resignation request was submitted, the suspension order was to be annulled and the resignation request was subsequently examined without the payment of the single dismissal allowance.
The day after he was removed from the head of the Prosecutor’s Office for Combating Organized Crime and Special Cases (PCCOCS), Nicolae Chitoroaga was transferred to the position of ordinary prosecutor in the Chisinau Prosecutor’s Office, going on vacation.
Almost two years after its initiation, the file of Nicolae Chitoroaga, the former head of the Prosecutor’s Office for Combating Organized Crime and Exceptional Cases (PCCOCS), which also includes Tudor Bodrug, his godfather, accused by the Anti-Corruption Prosecutors of illicit enrichment, is at the stage of the criminal investigation.
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