The state will have to pay a Moldovan compensation of over 7 thousand euros for violating the presumption of innocence.
The European Court of Human Rights issued a ruling in the case of Felix Guțu, who complained to the High Court that the Moldovan state had violated his rights.
The applicant was accused of embezzling state property by issuing an invoice in which he indicated double the cost of some hotel services he had received during a business trip.
In December 2003, the prosecutor issued an order terminating the criminal proceedings, considering that the constitutive elements of an offense had not been met, as the amount indicated in the invoice did not exceed the maximum budget allocated to cover travel expenses and the applicant had requested a deduction for unjustified expenses from his salary.
Subsequently, the order to terminate the criminal investigation was annulled and an additional investigation was ordered. Thus, the applicant was officially recognized as a suspect, but the criminal investigation was terminated because the incriminated acts fell within the provisions of the Amnesty Act. On 18 August 2005 the applicant was dismissed from the state-owned enterprise.
The man later challenged his dismissal, but in August 2006, the Supreme Court upheld the first-instance ruling on his dismissal.
In October 2012, an order was issued to terminate the criminal proceedings and the applicant requested a review of the civil proceedings concerning his dismissal. The Supreme Court of Justice rejected his application as inadmissible.
Felix Guțu complained to the ECHR, which found that the principle of the presumption of innocence had been violated.
Accordingly, the Court ruled that there had been a violation of Article 6 § 2 of the Convention and ordered the award of EUR 3,600 for pecuniary damage, EUR 3,600 for non-pecuniary damage and EUR 45 for costs and expenses.