The “Matei Balș” Institute of Infectious Diseases in Bucharest, the company contracted by the hospital for emergency services, its administrator, and the head of the Procurement and Contracting Office within the Institute are being criminally investigated for negligent destruction resulting in a disaster and abuse of office, in a separate case split off from the main file concerning the January 29, 2021 fire, which resulted in the death of nine patients.

The institute is accused of tolerating the use of external heating sources—such as fan heaters—in patient rooms, without assessing the fire risk, especially in the context of increased medical oxygen levels. Additionally, the company that was supposed to provide emergency intervention lacked both the personnel and the material resources to extinguish or contain such a fire.

The Bucharest Tribunal Prosecutor’s Office stated in a press release on Tuesday that on January 29, 2021, around 05:05 a.m., a fire broke out on the ground floor of Pavilion V of the “Prof. Dr. Matei Balș” National Institute of Infectious Diseases, resulting in the deaths of several hospitalized patients and causing the destruction, damage, and functional loss of Pavilion V, along with its systems and equipment. The case, initially registered with the Sector 2 Court Prosecutor’s Office, was taken over the same day by the Bucharest Tribunal Prosecutor’s Office.

After the fire was extinguished, four deceased patients were identified, while the rest were evacuated and transferred either to other pavilions of the Institute or to different hospitals in Bucharest.

In the days that followed, 22 more patients who had been hospitalized in Pavilion V at the time of the fire also died. At that time, prosecutors suspected that their deaths might have been linked to the incident.

The prosecution was initially carried out in rem, under the legal classification of negligent destruction resulting in disaster, with the outcome being the deaths of 26 individuals and the destruction, damage, and disabling of Pavilion V and its systems.

According to the forensic results, the National Institute of Forensic Medicine performed autopsies on the victims, determining that out of the 26 deceased, 17 had died from causes unrelated to the fire, while 9 deaths were directly caused by exposure to the fire on January 29, 2021.

On June 23, prosecutors reclassified the case to negligent destruction resulting in disaster that led to the death of 9 people, as well as the destruction and damage of Pavilion V and its systems. In parallel, 17 counts of involuntary manslaughter were added, referring to the 17 patients who died from pathological causes unrelated to the fire.

However, the prosecutors decided to close the case with regard to the 17 counts of involuntary manslaughter, on the grounds that the investigated actions were not criminal offenses under the law. They also decided to split the case and continue investigations in a separate file for negligent destruction resulting in disaster.

In this separate case, the investigation was also extended to include abuse of office, particularly where a public official may have gained an undue benefit for themselves or others. Based on the evidence collected, on June 24, prosecutors ordered the continuation of criminal proceedings against the following natural and legal persons:

1. The National Institute of Infectious Diseases "Prof. Dr. Matei Balș"

Charged with negligent destruction resulting in a disaster

According to prosecutors, in the context of the lack of thermal heating within the hospital, and contrary to fire safety regulations, the Institute — through its employees — allowed and tolerated the use of external heating sources in the medical facility, without having first identified, assessed, or documented high-risk areas where medical oxygen could accumulate in dangerous concentrations.

The use of these devices in rooms where patients were undergoing oxygen therapy led to a dangerous situation. Specifically, in Room 63 on the ground floor of Pavilion V, oxygen-enriched air mixed with fabric lint passed through the heating element of a space heater, causing the lint to ignite. The burning particles were then expelled into the room, starting the fire on January 29, 2021, at 05:05 a.m.

The result was a disaster: the death of nine patients, and the complete destruction, degradation, and unusability of Pavilion V, including its systems and equipment. Given the specific situation at that time — rooms filled with oxygen administered to COVID-19 patients — the hospital should have foreseen that using space heaters in such an environment could trigger a fire.

2. Midan Fire Exit S.R.L.

Charged with negligent destruction resulting in a disaster

Prosecutors stated that this company had signed two contracts and additional documents with the “Matei Balș” Institute for emergency intervention services, classified as Category C1 (P1). However, the firm did not possess the necessary authorization for that area of responsibility and lacked both qualified personnel and the required equipment, violating multiple provisions of Romanian law (OMAi 75/2019).

Because Midan Fire Exit provided substandard emergency services, they endangered the safety of the hospital and its patients. As a result, they were unable to provide a timely and effective response during the fire on January 29, 2021, at 05:05 a.m., nor to limit its consequences.

The outcome: the death of 9 patients, and the destruction and functional loss of Pavilion V and its equipment. Given the known conditions at the time — lack of heating, presence of fan heaters, and oxygen-enriched patient rooms — the company should have foreseen that assigning a single firefighter, without proper gear or tools, was inadequate and unacceptable in such a high-risk context.

3. Dănilă Mihăiţă

Charged with negligent destruction resulting in a disaster

Prosecutors state that Dănilă Mihăiţă, the de facto administrator of the company Midan Fire Exit S.R.L., signed two contracts and additional documents with the “Matei Balș” National Institute of Infectious Diseases for Category C1 (P1) emergency services. These services were provided without the necessary authorization, and the company lacked both qualified personnel and the required material resources. This violated multiple legal provisions regarding equipment standards and staffing of private emergency response services, as outlined in OMAI Order no. 75/2019.

According to investigators, by delivering non-compliant emergency services, Dănilă Mihăiţă created a serious risk to the safety of the medical facility and its patients. As a result, the response to the January 29, 2021 fire was either delayed or inadequate, and the incident escalated into a disaster, resulting in the death of nine people and the destruction and total loss of Pavilion V, along with its equipment and systems.

Despite the well-known situation at the time — lack of central heating and widespread use of space heaters in oxygen-rich rooms for COVID-19 patients — Mihăiţă should have foreseen that assigning a single, improperly equipped firefighter was neither appropriate nor sufficient.

Furthermore, Dănilă Mihăiţă also worked as a fire safety technician employed by the “Matei Balș” Institute. In this role, he failed to identify fire hazards present within the facility, even though the presence of external heating sources was widely known. According to prosecutors, he was legally obligated — under Article 8(c) of the 2013 General Fire Safety Directive for medical institutions — to identify, assess, and document high-risk areas where medical oxygen could accumulate. This duty was also listed in his official job description (firefighter). However, he ignored the presence of these heating devices and failed to take necessary precautions.

4. Ilie Simona Corina Gabriela

Charged with abuse of office (if the public official obtained an undue benefit for herself or another) and negligent destruction resulting in a disaster

As the Head of the Public Procurement and Contracting Office within the “Prof. Dr. Matei Balș” National Institute of Infectious Diseases, Ilie Simona Corina Gabriela had responsibilities that included drafting service contracts, verifying the legal and budgetary commitments, and ensuring that direct procurement procedures complied with the law.

Prosecutors state that she signed a contract worth 242,000 RON (excluding VAT) (22,000 RON/month for 11 months) and an additional act worth 66,000 RON (22,000 RON/month for 3 months) with Midan Fire Exit S.R.L., for emergency intervention services. This was done in violation of the legal threshold for direct procurement of services — which was 135,060 RON (excluding VAT) — and without observing the principles of economic efficiency, non-discrimination, and equal treatment.

In doing so, she breached multiple legal provisions from public procurement legislation and regulations. Her actions caused a material loss to the Institute, in the amount of 285,999.06 RON (excluding VAT), representing the total value paid under the contract and its additional act. At the same time, her conduct harmed the interests of other economic operators, who were deprived of the opportunity to submit bids or participate in the procurement process through a public announcement. Her actions directly benefited the company Midan Fire Exit S.R.L. and, implicitly, its de facto administrator, Dănilă Mihăiţă.

By awarding the contract to a company that did not meet the requirements of OMAI Order no. 75/2019 for Category C1 (P1) emergency services — lacking authorization, trained personnel, and proper equipment — she created a danger for the “Matei Balș” Institute and its patients. This danger materialized in the inability to ensure a timely and proper response to the January 29, 2021 fire, or even to limit its consequences, which included the death of 9 people and the complete destruction of Pavilion V, along with all related systems and equipment.

The suspects have been formally notified of the charges against them, along with their procedural rights and obligations.

The investigation is being conducted by the Bucharest Tribunal Prosecutor’s Office and the Homicide Division of the Bucharest Police Department.

Written by News.ro | 15 iulie 2025, 17:48