Case Law Database

Drug offences

Offences

• Distribution/ delivery/ dispatch/ transport
• Importation/ exportation

Substances Involved

• Cocaine
• Heroin

Participation in an organized criminal group

Offences

• Participation in criminal activities of organized criminal group

Korida case

Fact Summary

Date of Offending:
Thu Mar 14 14:38:02 CET 2013

Organized criminal group to send 1,5 tons of cocaine, in containers from South America to Constanta Harbor – Romania, final destination Western Europe. Organizers of this shipment – identified as two Romanians - NC and IC, under coordination of VMPS, aka EV, Columbian citizen. Investigations showed that the Organization was also involved in heroin trafficking from Turkey to Western Europe. One major connection is another member of the criminal network – Cojan Vasile, owner of an international transport company, involved in 113 kgs Heroin seizure made by the Austrian authorities and in a 108 kgs heroin, 2 mil. Euros, seizure made in Romania as a result of joint investigation - heroin found in a truck belonging to COJAN’s company.

Also, on 5th of December 2007, in Guayaquil – Ecuador - 350 kilograms of Cocaine, of value 22 millions Euros, were seized in a container, transport coordinated by the defendants.

Commentary and Significant Features

It is the first Romanian case, prosecuting a legal entity for supporting an organized criminal group for trafficking in high risk drugs, also convicted to a 1000000 lei – aprox. 222.000 Euros fine - final judgment.

Investigations were conducted in cooperation with law enforcement agencies in Turkey, USA, Spain, Holland, France, Bulgaria, Hungary, Austria and Ecuador, leading to arrests and prosecution of all members of the criminal network.

Keywords

Organized Crime Convention:
Article 5 UNTOC

Cross-Cutting Issues

Liability

... for

• completed offence

... as involves

• principal offender(s)
• legal persons
• organiser/director

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)

Involved Countries

Romania

Türkiye

Austria

Ecuador

Investigation Procedure

Confiscation and Seizure

Seized Property

luxury cars, villas belonging to the defendants

 

Special investigative techniques

• Special investigative techniques
• Electronic or other forms of surveillance
• Undercover operation(s)/ Assumed identities/ Infiltration

Comments

- wire tapping and recording of phone conversations, internet communications

- wire tapping and audio- video recording / operational surveillance

- identification and localization of GPS devices

- using of undercover investigators, collaborators and informers

 

International Cooperation

Involved Countries

United States of America

Türkiye

Spain

Netherlands (Kingdom of the)

France

Bulgaria

Austria

Hungary

Ecuador

Romania

Legal Basis

• UNTOC

Measures

• Mutual legal assistance
• International law enforcement cooperation (including INTERPOL)
• Joint Investigation

Procedural Information

Legal System:
Civil Law
Accused were tried:
together (single trial)
 
 
Proceeding #1:
  • Stage:
    first trial
  • Court

    • Criminal

    Description

    The first Romanian case, prosecuting a legal entity for supporting an organized criminal group for trafficking in high risk drugs, also convicted to a 1000000 lei – aprox. 222.000 Euros fine - final judgment.

    Terms of imprisonment: 18 years, 14 years, 13,5 years (still in appeal), 12, 10 years

    Fine: 1.000.000 lei - 220.000 Euros

     

    Outcome

  • Verdict:
    Guilty
  • Proceeding #2:
  • Stage:
    appeal
  • Court

    • Criminal

    Description

    The first Romanian case, prosecuting a legal entity for supporting an organized criminal group for trafficking in high risk drugs, also convicted to a 1000000 lei – aprox. 222.000 Euros fine - final judgment.

    Terms of imprisonment: 18 years, 14 years, 13,5 years (still in appeal), 12, 10 years

    Fine: 1.000.000 lei - 220.000 Euros

     

    Outcome

  • Verdict:
    Guilty
  • Defendants / Respondents in the first instance

    Number of other accused:
    3
    anonymous:
    NC
    Gender:
    Male
    Nationality:
    Romanian
    anonymous:
    IC
    Gender:
    Male
    Nationality:
    Romanian

    Charges / Claims / Decisions

    anonymous:
    NC
    Charge:

    Participation in an organized criminal group

    Statute:
    Law no.39/2003Art. 7
    Charge:

    Trafficking in high-risk drugs

    Statute:
    Law no. 143/2000Art. 2 and 3
    anonymous:
    IC
    Charge:

    Participation in an organized criminal group

    Statute:
    Law no.39/2003Art. 7
    Charge:

    Trafficking in high-risk drugs

    Statute:
    Law no. 143/2000Art. 2 and 3