Translation from Romanian language into English language DECISION in the name of the law Buiucani Court, Chisinau

municipality Chisinau municipality Magistrate Registrar with the participation of the Prosecutor the Attorney, defender
September/12/2013

Victor Ratoi Irina Surchicin Igor Demciucin Liu o! Rogo"an

ha!ing e#amined, in closed session the demarche of the prosecutor Igor Demciucin at $uiucani Prosecution, concerning the implementation of pre!enti!e measures % pre!enti!e arrest against the accused& 'o(miny)h Vladimir Roman, orn on *uly+,-+-./0 in Chisinau municipality, of *ewish ethnicity, citi(en of the Repu lic of Moldo!a, military insu ordinate, higher education, unemployed, unmarried, pre!iously ha!ing no con!ictions&

1S2A$LIS31D 'o(miny)h Vladimir is accused of committing a crime stipulated y art&-.4, par& 567, Penal

Code& In fact, he is accused that during the period from middle of August+84-- until Septem er -0+84-8, eing in Chisinau municipality, aiming to ac9uire illegally assets of another person, y fraud and a using the trust of citi(en Angela Sa ae!a, on the prete#t of dealing common usiness concerning the reali(ation of artificial ca!iar in :reat $ritain produced in Russian ;ederation, he recei!ed from the citi(en Angela Sa ae!a the amount of ,444 <, which according to =$M 5 =ational $an) of Moldo!a7 e#change rate were e9ui!alent with ,> /.8 lei, after that he went to London, :reat $ritain, where y default ac9uired financial means recei!ed and disappeared for an un)nown direction which caused the aggrie!ed party Angela Sa ae!a damage the amount of ,> /.8 lei& Also him, in ?cto er 84-8, aiming to ac9uire illegally assets of another person, y fraud and a using the trust of the citi(en Sergiu Sa!oci)in, on the prete#t of dealing common usiness concerning the achie!ement of goods sei(ed y police, at an auction in :reat $ritain and their further sale , o tained from citi(en Sergiu Sa!oci)in the transfer of financial means in se!eral rates in the amount of @8 86pounds, which according to =$M e#change rate were e9ui!alent with the amount of - >-0 8@. lei, after that at the eginning of Decem er+84-8 he returned to London, :reat $ritain, where y default ac9uired financial means recei!ed, and disappeared for an un)nown direction which caused the aggrie!ed party Sergiu Sa!oci)in damage in the amount of - >-0 8@. lei& 2otally, Vladimir 'o(miny)h ac9uired from aggrie!ed parties Angela Sa ae!a and Sergiu Sa!oci)in, financial means in the amount of - >68 .@- lei& ?n Septem er+--+84-,, 'o(miny)h Vladimir was indicted, eing accused of committing a crime stipulated in art& -.4, par& 567 Penal Code&

2he prosecutor of $uiucani Prosecution Igor Demciucin, filed on Septem er+-8+84-, a demarche through which re9uests the implementation of pre!enti!e measures in the form of arrest and issuance of ench warrant concerning the defendant 'o(miny)h Vladimir within ,4 days, "ustifying the demarche y the fact that regarding the defendant 'o(miny)h Vladimir there is reasona le and plausi le asis which stand for the accusation of crime commission, condition )ept in accordance with the pro!isions of art&-@/, Penal Procedure Code& 2he !erisimilitude of accusation is pro!ed y the following circumstancesA the declarations of aggrie!ed party Angela Sa ae!a, the declaration of aggrie!ed party Sergiu Sa!oci)in, the declarations of witnesses Marcel $alume( and Andrei 2rofim, statement of account& 2he defendant Vladimir 'o(miny)h is eing accused of committing serious offense which pro!ides imprisonment of 0B-6 years& 2a)ing into account the seriousness of the accusation I admit that the defendant can underta)e any measures to a!oid penal criminal lia ility and ease his position y influencing witnesses, or in any other way to pre!ent the esta lishment of truth, in the detriment of criminal prosecution impartiality, ecause until now there were not esta lished all the circumstances of the case& Also, the implementation of pre!enti!e measures in the form of arrest concerning the defendant Vladimir 'o(miny)h, is necessary in order to ensure his presence in front of criminal in!estigation ody or court, ecause at this moment the defendant Vladimir 'o(miny)h, shir)s criminal in!estigation ody to a!oid eing held criminally lia le for the commission of this felony, eing outside the territory of the Repu lic of Moldo!a& At the same time, there e#ist sufficient reasons to suppose that Vladimir 'o(miny)h, eing in freedom may commit other crimes& At the law court, the prosecutor supported the integrated approach& 2he defendant )nows that regarding his situation, a criminal case was initiated, which is confirmed y the declarations of aggrie!ed parties& After lea!ing London the defendant does not respond to telephone calls and a!oids them& 2he prosecution may e closed only y arresting the defendant and ensuring his presence in front of criminal in!estigation ody& 2he re"ection of demarche may lead to the delay of criminal in!estigation& 2he defendant has changed his patronymic& Data concerning his parents are missing, his mother died& 2he defendant, has failed to appear at the court hearing , ecause he is still eing searched according to prosecutorCs summons from Septem er+--+84-,, which in accordance with pro!isions of art& ,40, par& -, Penal Procedure Code, ser!es as e#amination reason for the demarche in his a sence& 2he defender re9uested file re"ection in hearing moti!ating that the defendant was not informed that a criminal case regarding him was opened& May e he does not )now that he is eing searched, a resummons is re9uested& 2he defendant pre!iously had no con!ictions& If his parents )new, they would ha!e informed him a out the situation& 3a!ing e#amined the demarche, documents attached to confirm the arguments, hearing the participants in court, the law court esta lishedA Criminal case was initiated in compliance with the legislation& 2he prosecutor presented proofs of e#isting reasona le dou ts concerning the defendant Vladimir 'o(miny)h committing the crime y cumulated proofs li)eB declarations of witnesses M& $ulume(, A& 2rofim, the declarations of aggrie!ed parties S& Sa!oci)in, A& Sa ae!a and samples concerning money transfer indicated y aggrie!ed parties eing offered to the defendant& 2he committed crime stipulated in art& -.4, par 567 Penal Code, which is eing incriminated to the defendant is assigned as a serious felony, the law preser!es a custodial sentence which for a period that can e#ceed 8 years& 2he isolation of the defendant from the society is necessary, he is hiding from prosecution odies and where he is, is still not )nown& 2here were initiated see)ing actions, circumstances which lead to the

implementation of pre!enti!e measures re9uested y the prosecutor in accordance with the pro!isions in art& -@/ from Penal Procedure Code,& 2he arguments rought y the defense in court hearing are not rele!ant in this case, ecause the e!idences rought in court, pro!e the contraryB there had een underta)en actions of see)ing the defendant and ensuring his presence in front of criminal in!estigation ody& 2he aggrie!ed parties are also see)ing for the defendant, which is hiding& 2he pre!enti!e arrest implemented y the court is the result of crime gra!ity, the necessity of defending pu lic order, the personality if the defendant which shir)s from criminal in!estigation ody and during the criminal in!estigation there were committed more crimes y this person, the prosecution is difficult due to such a situation& 2he court considers that from such a shir) from criminal in!estigation ody, the normal progress of criminal proceedings is harmed& ?n the asis of this statements and according to articles >-, -@/, -@@, ,40 the Penal Procedure Code, D1CID1S 2o admit the demarche intended y the prosecutor& 2o apply the pre!enti!e measure in the form of pre!enti!e arrest and issue an arrest mandate in what concerns Vladimir 'o(miny)h Roman for a period of ,4 days, from the moment of his arrest& 2he copy of this decision shall e sent to the prosecutor, the defender& 2his Decision can e appealed in the Chisinau Appeal Court within , days through Court of $uiucani, Chisinau municipality& Magistrate I ha!e recei!ed the copy& Seal: /Ministry of Justice of the Republic of Moldova, Buiucani court of law, hisinau municipality/ +signature+ Victor Ratoi&

!ND!"E O# arrest No$ 1%&'(/13 / in contempt o# court/ September 12/2013 a)istrate o# Buiucani court *ictor +atoi

3a!ing e#amined in closed session the demarche of prosecutor of $uiucani prosecution, I& Demciucin, Chisinau municipality regarding the implementation of pre!enti!e measures % pre!enti!e arrest against the accused& 'o(miny)h Vladimir Roman, orn on *uly+,-+-./0 in Chisinau municipality, of *ewish ethnicity, citi(en of the Repu lic of Moldo!a, military insu ordinate, higher education, unemployed, unmarried, pre!iously ha!ing no con!ictions& Dho is accused of committing a crime pro!ided y art&-.4, par& 567, Penal Code in accordance with the circumstances e#posed in the prosecution demarche, filed on the asis of attached documents and court decision from Septem er+-8+84-, which disposed the implementation of pre!enti!e measures in the form of arrest, ?n the asis of pro!isions of art& -06, ,40 from Penal Procedure Code&

DISP?S1S 2he arrest of the defendant Vladimir 'o(miny)h Roman for a period of ,4 days 5thirty7, from the moment of arrest& 8& 2he mandate is sent for e#ecution to $uiucani prosecution& Magistrate I ha!e recei!ed the copy& +signature+ Victor Ratoi

SealA /Ministry of Justice of the Republic of Moldova, Buiucani court of law, hisinau municipality/