After two years and five months since the criminal case for overstepping his duties was opened, former Prosecutor General Alexandr Stoianoglo was acquitted on Wednesday, February 28, by judges of the Chisinau Court of Buiucani, together with the former head of the Human Resources Department of the Prosecutor General’s Office (PG), Maria Cobzari.

While anti-corruption prosecutors say they will appeal the sentence to the Chisinau Court of Appeal within 15 days, Alexandr Stoianoglo accuses that the case was a “political order” aimed at removing him from the post of Prosecutor General. He says his actions did not contain “criminal elements”.

The decision was taken by magistrates Angela Catană, Alexandru Negru and Petru Păun. Judge Alexandru Negru issued a separate opinion which, according to Stoianoglo’s lawyers, does not provide for a solution other than the acquittal of the former prosecutor general.

“(…) The court decides: acquits Stoianoglo Alexandr, accused of committing the offence provided for in Article 42 paragraph 2, 328 para. (3) (b) of the Criminal Code), on the grounds that this act does not meet the elements of the crime. Stoianoglo Alexandr is deemed to have been rehabilitated on the charges under Articles 42(2), 328(2) and 328(3) of the Criminal Code. (3) (b) of the Criminal Code and all measures of constraint imposed on him are revoked.

Acquits Cobzari Maria, accused of having committed offences under Articles 42(5) and 328(3)(b) of the Criminal Code, on the ground that the act does not meet the elements of a criminal offence. Cobzari Maria is deemed to have been acquitted of the charges brought against her and all measures of constraint imposed on her are revoked. In accordance with Article 229(1) of the Code of Criminal Procedure, the court costs in the amount of 6300 lei, incurred in the criminal proceedings, for the expert report of 25 November 2021 to be paid to the State. A separate opinion of Judge Alexandru Negru (…) is also formulated on this sentence”, said Magistrate Petru Păun, who delivered the sentence.

“My actions had no criminal elements”

After the ruling, the former prosecutor-general told journalists that the decision was “obvious from the beginning of the criminal case”, in which he was being investigated for exceeding his official duties. Stoianoglo said he would examine the dissenting opinion of magistrate Alexandru Negru and then decide what action to take.

“(…) Moreover, everyone knows that no damage was done to the state as a result of the actions of Mrs Cobzari and myself. All the money has been returned. On the given case and during the criminal prosecution, and during the examination by the court, no evidence was presented to prove the accusation against me. The case against me was falsified, it was made on political orders, with the sole purpose – my removal from office (…).

We are going to take note of the dissenting opinion that a judge has given, and after that we will decide what to do next. I don’t know what arguments the judge in question may have, based on the materials that were offered and examined in court (…)”.

“Justice triumphed today”

The verdict was also commented on by one of Stoianoglo’s lawyers, Victor Munteanu, who said that the court’s solution was predictable.

“It is a huge satisfaction, because justice has triumphed today. Although the solution was foreseeable and according to both the evidence and the findings we had from the European Court of Human Rights, which at one point communicated the case to the Moldovan government, including on the episode related to Chitoroagă, in which the Court did not find a reasonable suspicion that Mr. Stoianoglo could have committed this crime. The application is still pending before the ECHR.

In our view, the national court was right to consider that Mr Stoianoglo and Mrs Maria Cobzari should be acquitted. In our view, justice has been done. Our satisfaction is all the greater because the judges have shown impartiality and real independence from any interference. This is how justice must be done, regardless of circumstances, pressures or any other issues. Any citizen of Moldova who is subject to trial must benefit from fair justice (…)”, Victor Munteanu stressed.

Prosecutors to appeal acquittal sentence

Elena Cazacov, one of the prosecutors who handled the case, said that the Anti-Corruption Prosecutor’s Office will come up with a reaction: “We are going to study it (the court’s decision, editor’s note) and then the Anti-Corruption Prosecutor’s Office will come up with a statement for the whole of civil society and the media”.

Later, the institution announced that the sentence will be appealed to the Chisinau Court of Appeal within 15 days.

“The criminal case in question was initiated in October 2021 by a prosecutor from the Anti-Corruption Prosecutor’s Office appointed by the Superior Council of Prosecutors (SCP).

According to the materials, Alexandr Stoianoglo and his former subordinate, dismissed prosecutor Nicolae Chitoroagă, knowing that at that time the criminal prosecution of the person in question was being carried out and he had the status of a defendant, knowing that in accordance with the legal provisions in such cases the payment of the severance pay of resigning prosecutors is suspended, he intentionally acted contrary to the legal provisions and ordered the payment of the severance pay in the amount of 163 990,13 lei, thereby damaging the budget of the Prosecutor’s Office.

By the sentence of 28 February 2024, the court acquitted the defendants, who were accused of committing the crime of exceeding the duties of their office, and a separate opinion was formulated in this regard by one of the three judges forming the panel on the existence of their guilt,” the PA statement said.

Exceeding the duties of the office

On this charge, Stoianoglo was accused that on 23 January 2020, knowing that prosecutor Nicolae Chitoroagă had the status of a defendant in a criminal case initiated on 4 October 2019, he issued the order dismissing him from his position as prosecutor. Thus, Stoianoglo was accused that, exceeding his duties, he ordered the full payment of all payments to Chitoroagă upon his dismissal, even though the law provided that, if a criminal prosecution is pending against the prosecutor upon his dismissal, the prosecutor shall be suspended from the payment of allowances until the resolution of the case.

Alexandr Stoianoglo was suspended from the office of Prosecutor General in early October 2021 and is under investigation for passive bribery, false statements, abuse of office and exceeding the duties of his office. On 26 September 2023, Alexandr Stoianoglo was relieved of his duties as Prosecutor General.

At present, Alexandr Stoianoglo is still on the list of the Chisinau Court in a criminal case, in which he is under criminal investigation for violation of the inviolability of personal life. He is also accused of illicit enrichment. Representatives of the Anti-Corruption Prosecutor’s Office told Ziarul de Gardă that the case is at the stage of criminal prosecution, in which no preventive measure is applied against Stoianoglo.