Communicated on 23 April 2019
FOURTH SECTION
Application no. 19444/14
Alexandru FIERĂSCU against Romania
and 9 other applications
(see list appended)
SUBJECT MATTER OF THE CASE
All the applications concern the fairness of the criminal proceedings against the applicants.
All the applicants complain under Article 6 § 1 of the Convention that they were unfairly convicted following entrapment by State agents and that their plea of entrapment was not properly examined in the domestic proceedings.
In addition, in applications no. 78458/14 and no. 22369/2015 the applicants complain under Article 6 § 1 of the Convention about the fairness of the criminal proceedings on account of the fact that, after having been acquitted by the lower courts, they had been convicted by the court of last instance without a direct examination of the accused and/or of the witnesses heard by the lower courts.
COMMON QUESTIONS tO THE PARTIES
1. Did the applicants have a fair hearing in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention?
2. In particular, were the applicants victims of entrapment by agent provocateur and did they have appropriate procedural safeguards in that respect?
CASE SPECIFIC QUESTIONS TO THE PARTIES
Applications no. 78458/14 and no. 22369/15
3. Was the applicants’ conviction by the court of last instance, after acquittal by the lower courts, compatible with the requirements of fairness of proceedings within the meaning of Article 6 § 1 of the Convention, considering that their conviction was based on the reconsideration of the facts established by the first instance court without direct examination of the evidence by the court of last instance?
No.
Application no.
Lodged on
Applicant’s
date of birth
Represented by
Final domestic decision11
19444/14*
27/02/2014
Alexandru FIERĂSCU
31/10/1981
București
Mircea FIERĂSCU
6 September 2013 of the High Court of Cassation and Justice
65145/14*
26/09/2014
Mircea-Ioan BONA
14/10/1960
Lugoj
Arcadie ANASTASESCU
27 March 2014 of the Timisoara Court of Appeal
78458/14
12/12/2014
Iucsel SELAMET
04/05/1963
Medgidia
Ion POPESCU
12 June 2014 of the Constanta Court of Appeal
22369/15
27/04/2015
Dumitru GODÎNCA
03/05/1957
Valea Vișeului
Călin Gheorghe DRAGOMIR
28 October 2014 of the Oradea Court of Appeal
37218/15
21/07/2015
Gheorghe-Daniel BULAT
10/08/1986
Craiova
Andra POPA FLOREA
11 February 2015 of the Craiova Court of Appeal
72088/16*
26/11/2016
Tatiana-Nicoleta BAUMANN
29/01/1970
Ploiești
Catalin-Mihai BAUMANN
25 May 2016 of the Brasov Court of Appeal (available to the applicant on 21 June 2016)
9923/17
13/01/2017
Ciprian CĂRĂUȘU
06/10/1981
Onești
George Bogdan POCOVNICU
13 July 2016 of the Bacau Court of Appeal
9929/17
13/01/2017
Bogdan MIRCEA
20/08/1981
Onești
George Bogdan POCOVNICU
13 July 2016 of the Bacau Court of Appeal
41807/17
31/05/2017
Petre SANDA
18/09/1967
Urluiasca
13 December 2016 of the Craiova Court of Appeal
206/18
22/12/2017
Marian PREDA
23/01/1973
Buturugeni
Dorel Bogdan VLAD
30 June 2017 of the Bucharest Court of Appeal
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