Dear Attorneys,

Regarding the ”Civil action” for Dr. Lutz Mario Helmig

These days I held discussions with several law specialists, to whom I sent Alba
Court of Appeal criminal Decision for study.
I presented them my own opinion on the matter – the fact that Sir Helmig is
entitled to a civil action for the damages suffered, because, as I mentioned in the document
communicated to the German Court, romanian legislation guarantees to injured persons who
have filed civil action in the criminal case, the trial of the case by the civil court.
Article 27, 2nd paragraph, Criminal Procedural Law - (2) A victim or its successors who
became civil parties in criminal proceedings may file an action with a civil court if, through
a final sentence, the criminal court left the civil action unsettled. Evidence produced during
the course of criminal proceedings may be used before that civil court.
Article 20, 8th paragraph, Criminal Procedural Law - (8) A civil action seeking to hold
person with civil liability both the defendant and the party with civil liability, filed with a
criminal or civil court, is exempted from judicial stamp fees.

As well as:
Article 29,1st paragraph, letter I, O.U.G 80/2013 - (1)  These actions and claims, including
those for seeking remedies in appeal, ordinary or extraordinary, are exempted from judicial
stamp fees:

i) criminal cases, including civil damages for material and moral damages arising therefrom

Also, the fact that the civil court is not held by the final acquital decision or the
end of criminal trial regarding the existence of an injury or the guilt of the defendants.

People to whom I have submitted this opinion ( two former judges at High Court
of Justice and Cassation and a former deputy general prosecutor), totally agreed on my
opinion, and recommended us to file a damages claim at the civil court against the
defendants. This claim for damages would be suspended during the trial for the appeal in
annulment; and if the appeal in annulment and restarting the case is addmited, the claim for
damages will depend on the solution given by the court (a different solution than acquital).
 Another option would be to file an appeal in cassation only regarding the
resolution of the civil action of Sir Helmig. This appeal in cassation, even if it does not have
great chances of a favorable solution and will be dismissed as inadmissibile, could represent a
strong argument in making a complaint at ECHR, for violation of the provisions of articles 6
and 13 from the Convention – The right to a fair trial; The right to an effective remedy.

Regarding the violation of the right to a fair trial and the right to an effective
remedy I have identified two decision given by the ECHR:

- case of Kudła v. Poland number 30210/96;

- case of Abramiuc v. Romania number 37411/02;

Regarding the violation of the Law on the composition of the court panels I have
identified the following decisions given by the ECHR:

- Jenița Mocanu v. Romania – case number 11770/01, decision from 17.12.2013

paragraph 30;
- Lelas v. Croatia – case number 55555/08, decision from 20.05.2010;
- Sokurenko and Strygun v. Ukraine – case number 29458/04 and 29465/04, decision
from 20.07.2006;
- Buscarini v. San Marino – case number 31657/96, decision from 04.05.2000;
- Posokov v. Russia – case number 63486/00.

In all the cases given above, the petitioner's requests were accepted.

Best Regards,
Vania Zabou