29.08.2012

                        

PRESS RELEASE

 

The Public Information and Press Relations Bureau within the Prosecutor’s Office attached to the High Court of Cassation and Justice is authorized to bring to public knowledge the following:

 

Following  the investigations in the cause  known  by the media  as “ the killed Japanese  student“, the prosecutors from the  Section of criminal prosecution and criminalistics within the Prosecutor's Office attached to the High Court of Cassation and Justice, have ordered on 29.08.2012, the changing of judicial appraisal of the deeds retained and the extension  of the investigations against the  defendant VLAD NICOLAE.

Thus, from the investigations carried out by now resulted that the Prosecutor’s Office attached to Tribunal Ilfov ordered the beginning of criminal prosecution and the initiating  of the criminal process against the defendant (in pretrial arrest in another cause) VLAD NICOLAE, for  committing the  offence of first degree murder, in the normative modality  foreseen by art. 174  Criminal  Code in connection with art. 175 lett. i) Criminal Code, this file, together with other six files being taken over by the Section for criminal prosecution and  criminalities within the Prosecutor's Office attached to the High Court of Cassation and Justice.

In fact,  it  was retained that in the evening of 15 August 2012,  on the territory of the commune  Corbeanca, Ilfov county, in a forest area,  in the close vicinity of a public  road (DN1),  the  defendant  VLAD NICOLAE  has killed  the named M.Y. (Japanese citizen), the cause of the death  of the victim  being the  mechanical  asphyxia by cervical-thoracic  compression .

Also, according to the  evidence brought into the cause  by the prosecutors of the Section  for  criminal prosecution and criminalistics up to this moment of the criminal investigation,  it resulted that the defendant VLAD NICOLAE, using violence  against the victim, dispossessed  her of several items (a laptop, a mobile phone and a  photo camera),  existing strong indices  regarding the committing by him of the  offence of robbery and  he has had sexual intercourse with the victim by force, existing strong indices  concerning the  committing by him of the  offence of rape.

The deeds of the night of 05/06 august 2012  victim S.T.

Based on the evidence brought into the cause, there were outlined strong indices that before committing these deeds, the defendant VLAD NICOLAE has  committed another  offence of murder (in the night of 05/06 August 2012) in the  locality  Balotesti, against the victim S.T.).

In this cause it was retained that on  06 august 2012, the victim S.T. was found dead in her  home in the locality Balotesti, Ilfov county,  presenting traces of a sexual aggression. Following up  the  autopsy, it was established that the death was caused  by  mechanical asphyxia, by  cervical - thoracic compression.

From the investigation acts  carried out in the cause, resulted strong indices regarding the  fact that the  author of the  aggression in the night of 05/06 August 2012, which  led to the death  of the  named S.T., is the defendant VLAD  NICOLAE,  existing  strong indices  regarding the committing, by him, of  first  degree murder, because he  broke and remained unlawfully in the home of the victim and had sexual intercourse, by force, with her.

The deeds of the night  of 25/26 February 2011, victim N.L.

The  evidence brought into the cause up to this moment of the criminal prosecution, revealed  that in the night of 25/26 Fe4bruary 2011, around 23,00 hours, an  unidentified person broke  without right into the home of the  victim N.L. from the  Ilfov county, after which – by exercising violence against her – dispossessed  her of  several items (an amount of money and a mobile phone) and has had sexual intercourse by force with her; also, it  was retained that  he tied her hands and feet, depriving her of freedom.

From the evidence brought into the cause resulted that there exist strong indices regarding the  fact that the author of the above described offences is the defendant VLAD NICOLAE.

 

The deeds  from the night of 28/29 April 2012,  injured party M.M.

According to the evidences brought into the cause, it was retained that on 29 April 2012, around 03.00, VLAD NICOLAE broke without right into the home of  the victim M.M. from  the locality of Ilfov county, after which – by exercising  violence against her – he has dispossessed her by a mobile phone.

The deeds  committed during May – august  2010 , injured party P.S.

Factually, it  was retained that in the period  May – August 2010, the named VLAD NICOLAE has repeatedly  broke  without right,  into the home of the victim P.S. form the locality in the Ilfov county, after which – by exercising violence against her – has  had sexual intercourse with her, (the injured party did not file a prior complaint, so that  there exists a cause  hindering the  initiating of the  criminal action  for the offence of rape), in relation with this  cause being  carried out investigations  for the offence of trespassing.

Deeds committed on 24 February 2012, victim S.M.

Factually, it was retained that on 24 February 2012, around 21.30, an unidentified person broke without right into the home of the victim S.M.  from Bucharest, after which – by exercising  violence against her – dispossessed  her by several items (money and  jewels) and  forced her  to have sexual intercourse.

Acts committed on March 1, 2012. Victim: A.A.

 

It was held that, on March 1, 2012, around 8:00 PM, an unidentified individual broke into victim A.A.’s house in Bucharest and used violence to rob her of several goods (money and food) and to force her into having sex with him.

Considering the above, prosecutors from the Criminal Investigation and Criminalistics Section within the Prosecutor’s Office attached to the High Court of Cassation and Justice ordered that:

The legal classification of the homicide the defendant VLAD NICOLAE was found guilty of be changed from first degree murder as provided by Article 174 of the Criminal Code referred to Article 175 (1) (i) of the Criminal Code, to first degree murder and very serious murder as provided by Article 174 of the Criminal Code referred to Article 175 (1) (i) and (h) of the Criminal Code and Article 176 (1) (c) and (d) of the Criminal Code (for the act committed on August 15, 2012  - victim M.Y.).

The criminal inquiry be expanded, the criminal investigation be instituted, and the criminal prosecution be launched against the defendant VLAD NICOLAE, as follows:

-                             For first degree murder and very serious murder as provided by Article 174 of the Criminal Code referred to Article 175 (1) (i) and (h) of the Criminal Code and Article 176 (1) (c) and (d) of the Criminal Code, for robbery as provided by Article 211 (1) and (2) (b) and (c) of the Criminal Code, and for rape as provided by Article 197 (1) of the Criminal Code (for the acts committed on August 15, 2012 – victim M.Y.);

-                             For first degree murder as provided by Article 174 of the Criminal Code referred to Article 175 (1) (h) of the Criminal Code, for rape as provided by Article 197 (1) of the Criminal Code, and for break-in as provided by Article 192 (1) and (2) of the Criminal Code (for the acts committed on the night of August 5/6, 2012 – victim S.T.);

-                             For rape as provided by Article 197 (1) of the Criminal Code, for rape as provided by Article 211 (1), (2) (b), and (21) (b) and (c) of the Criminal Code, for illegal deprivation of liberty as provided by Article 189 (1) and (2) of the Criminal Code, and break-in as provided by Article 192 (1) and (2) of the Criminal Code (for the acts committed on February 25, 2011 – victim N.L.);

-                             For robbery as provided by Article 211 (1) and (2) (b) and (21) (c) of the Criminal Code, and for break-in as provided by Article 192 (1) and (2) of the Criminal Code (for the acts committed on the night of April 28/29, 2012 – victim M.M.);

-                             For break-in, continued offence, as provided by Article 192 (1) and (2) of the Criminal Code corroborated with Article 41 (2) of the Criminal Code (for the acts committed between May – August 2012 – victim P.S.);

-                             For rape as provided by Article 197 (1) of the Criminal Code, for robbery as provided by Article 211 (1), (2) (b), and (21) (c) of the Criminal Code, and for break-in as provided by Article 192 (1) and (2) of the Criminal Code (for the acts committed on February 24, 2012 – victim – S.M.);

-                             For rape as provided by Article 197 (1) of the Criminal Code, for robbery as provided by Article 211 (1), (2) (b), and (21) (c) of the Criminal Code, for illegal deprivation of liberty as provided by Article 189 (1) and (2) of the Criminal Code, and for break-in as provided by Article 192 (1) and (2) of the Criminal Code (for the acts committed on March 1, 2012 – victim A.A.).

A medico-legal psychiatric assessment, mandatory under the legal provisions in case of very serious murder, was ordered by the prosecutors from the Criminal Investigation and Criminalistics Section. In the next few days, the defendant will consequently be hospitalized in a specialized medical unit to be submitted to this medical assessment.

Several persons have been heard and the results of the DNA tests (three such tests have been ordered) will be communicated next week.

Today, August 29, 2012, the defendant exercised his right to remain silent.

We will keep the public informed on the progress of the investigation.