Filat lawyers seek reopening of preliminary hearing

Vlad Filat’s defense has requested the reopening of the preliminary hearing in the ex-prime minister’s second criminal case as his lawyers believe the list of evidence hasn’t been duly examined. The defense has also requested the constitutional interpretation of some criminal law provisions regarding the presumption of innocence and territorial jurisdiction. The prosecution has criticized both actions as dilatory tactics. 
 
Lawyer Victor Munteanu told reporters that the preliminary hearing – which is held to determine whether there is sufficient evidence to hold the defendant for trial – needs to be reopened because the prosecution failed to properly present the list of evidence. “The Code of Criminal Procedure states very clearly that the prosecution must present the list of evidence so that its relevance could be discussed, among other reasons. However, today (the prosecution) only said that the list of evidence is attached to the indictment”, argued Munteanu. He added that the list of evidence must be presented in the preliminary hearing not only to the defendant, but also to other parties in the case. 
 
Victor Munteanu also noted that, per the indictment, the prosecutors couldn't determine the place where the alleged offense was committed. The law says that such cases must be tried by the court with territorial jurisdiction where the prosecutorial investigation was completed, in this particular case the Buiucani District Court. It is this provision that Filat’s defense considers to be unconstitutional. If tomorrow the District Court admits this request as valid, the matter will be taken to the Constitutional Court. 
 
On the list of evidence, prosecutor Nadejda Busuioc said it was presented on January 15 and a receipt exists to prove it. She said the prosecution wants the trial to start without delay.
 
In the second case, ex-prime minister Vlad Filat is accused of laundering money in extremely large amounts. In particular, it is alleged that in 2013 the former prime minister hired a Washington-based political consulting firm to advise his Liberal Democratic Party ahead of the 2014 legislative election. The prosecution says that Filat paid the company the equivalent of over 12.8 million lei through an intermediary with money that had been embezzled from the now defunct Banca de Economii. 
 
Vlad Filat, who was already found guilty of, and jailed for the embezzlement part in 2016, has denied any wrongdoing in both cases. 

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