The district court occupied the area in Rabyn, which belonged to Smetek from the H-System

Updates: 19.01.2022 16:25

Prague – The District Court for Prague 2 today occupied the area in Rabyn near the Slapy Dam, which previously belonged to the founder of the tunneled company H-System, Petr Smetek. Court spokeswoman Marcela Pröllerová informed ČTK about this. According to her, the decision is not final, the current owner appealed against the verdict. According to Czech Television, which drew attention to the verdict, the court stated that the sale of land was an attempt to prevent compensation for the company’s clients. Entrepreneur Luděk Fabinger won the complex at the auction in 2005, but the public prosecutor claims that the auction was staged.

“The result of today’s negotiations is that the real estate in question in the cadastral area of ​​Rabyně was confiscated and the state becomes the owner of these lands,” said Pröllerová.

The district court has dealt with the public prosecutor’s proposal to occupy the complex several times. He last rejected it at the beginning of last June, but the resolution was overturned by the Prague City Court of Appeal on the basis of the plaintiff’s complaint.

According to the plaintiff, Fabinger acquired the site illegally. The property was seized by the police and was to fall to the damaged clients of the tunneled H-System. Due to a suspicious auction, Fabinger faced criminal prosecution, which was stopped due to the statute of limitations. The plaintiff considers the premises to be the proceeds of crime. The land was auctioned for 29 million crowns, but according to estimates, the value of the area was more than 60 million crowns.

According to information from the village, part of the recreational area has been leased so far, but most of it was not used by anyone. “There was actually only a beach and a camp there,” one of the locals told ČTK today. According to her, the main building in particular is in poor condition.

Judge Daniela Reifová stated in June that Smetka owned the land at a time when the H-system case did not take place, so it was only a matter of “shuffling” his own property. However, she did not dispute that Smetka tried to ensure the diversion of her property to related parties in order to avoid compensation for the injured parties in the H-system case. According to the judge, obstructing the execution of the official decision of which Fabinger was accused is not a property crime, so there is no question of the proceeds of crime.

The court has been dealing with the case since 2018. At first, it rejected the motion; after the decision was annulled by the Court of Appeal, Reifová decided in October 2018 to seize the complex. At that time, she stated that the actions of the executor Daniel Týč, who sold the complex to Fabinger, could have fulfilled the characteristics of a crime. However, the Supreme Court annulled the decision, and according to Reif, took the view of Tyc’s activities that the executor had not committed any crime. The pole was charged with the auction, but its prosecution was stopped.

Smetka founded H-System in 1993, after which the company concluded contracts with hundreds of interested parties for the construction and transfer of flats and houses in the vicinity of Prague. But in the fall of 1997, it went bankrupt when it managed to complete only 34 houses. Due to the collapse of the company, at least 1,095 people lost more than 980 million crowns. The courts sent the litter to prison for 12 years, in October 2016 he was released.

Even if the court decided to seize the site, the proceeds of the sale would not have fallen to people who lost money in the H-System case, according to the judge. She stated that the current legislation did not allow this, as there was no damage in this matter.

Source: České noviny – hlavní události by

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