High Court of Review and Justice

 

PRESS RELEASE

 

In its session of 7 July 2020, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Criminal Matters, lawfully established in each of the cases, considered two requests for preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

 

Judgment #20 in case #1060/1/2020

            Sustains the request from the Court of Appeals Bucharest, Chamber I for Criminal Matters in case # 792/1748/2019, for a preliminary ruling in clarifying the following point of law: “Interpretation of Art. 39 para. (1) letter c) in the Criminal Code on calculating the amount of fine to be applied in case of multiple violations committed by one and the same person, in the situation where the amount corresponding to one day-fine for each of the multiple violations is different between them.”

            Establishes that in interpreting Art.39 para.(1) letter c) in the Criminal Code in the case of multiple violations under the hypothesis that one day-fine for each of the multiple violations is different between them, the resulting punishment shall be calculated as follows:

            - the highest fine shall be supplemented by one-third of the total of the other ordered fines;

            - the number of day-fine units shall be calculated by adding the largest number of day-fine units ordered for a violation to one-third of the total day-fine units corresponding to the other violations;

            - the amount corresponding to one day-fine shall be calculated by dividing the total amount of the fine corresponding to the punishment by the number of resulting day-fine units.

            Obligatory as of the date of publication in the Official Journal of Romania, Part I, as under Art. 477 para. (3) in the Criminal Procedure Code.

            Returned in public session today, the 7 July 2020.

 

Judgment #21 in case #1144/1/2020

 

Denies as inadmissible the request from Court of Appeals Iași – Chamber for Criminal and Juvenile Matters, in case # 2113/89/2019/a1 requesting a preliminary ruling for the clarification in principle of the following point of law:

“Can the members of the judicial police employed by the General Anticorruption Department, under Art. 324 para. (3) in the Criminal Procedure Code, also perform criminal investigation measures by delegation in cases other than those stipulated at Art. 1 para. (2) in Emergency Government Order #120/2005 concerning the activation the General Anticorruption Department under the Ministry of the Administration and Interior.”

Obligatory as of the date of publication in the Official Journal of Romania, Part I, as under Art. 477 para. (3) in the Criminal Procedure Code.

Returned in public session today, 07 July 2020.

 

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.

 

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