The “10 August” case returns to the judges of the Bucharest Military Court of Appeal, three days after the statute of limitations for the offenses expired

The Bucharest Military Court of Appeal is hearing on Tuesday, October 13, the appeal in the case of the former heads of the Romanian Gendarmerie, accused over the use of force during the protest on August 10, 2018. The hearing takes place three days after the statute of limitations for criminal liability expired.

The statute of limitations for the charges of abuse of office expired on October 10, eight years after the acts took place. Under these circumstances, the court is expected to formally establish the termination of the criminal proceedings, unless it orders other measures. The case was postponed at the hearing on September 22.

At first instance, on June 15, the Bucharest Military Tribunal acquitted Laurențiu Cazan, Ionuț Cătălin Sindile, Gheorghe Sebastian Cucoș and Laurențiu Cristian Ciobanu of the main charges. The ruling was appealed after approximately 80 court hearings.

More than 300 victims of the gendarmes’ intervention, supported by the Declic community, argue that the investigation and trial were unjustifiably delayed. After the proceedings in Romania are concluded, they intend to petition the European Court of Human Rights, alleging a violation of the right to a fair trial within a reasonable time.

The statute of limitations in criminal matters does not automatically eliminate the possibility of seeking material and moral damages, through the criminal court or by means of a separate civil action.