High Court of Review and Justice

PRESS RELEASE

In its session of 9 July 2020, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Criminal Matters, lawfully established in the case, considered a request for preliminary ruling for the clarification of certain points of law, and returned the following Judgment:

Judgment #22 in case #856/1/2020

Sustains the request from the Court of Appeals Bucharest – Chamber II for Criminal Matters, in case #12265/299/2019, requesting a preliminary ruling for the clarification in principle of the following point of law: “In the situation where a criminal violation (A) is concurrent both with the violation that represents the first term (B) and with the violation that represents the second term (C) of a post-conviction re-offense, the work to establish the resulting punishment involves: 1) First applying the rules for post-conviction re-offense to the punishments to be ordered for violations (B) and (C), and subsequently merging the result, as under the rules for multiple violations, with the punishment established for violation (A), in concurrence with both violation (B) and violation (C) ? or 2) Applying the rules for multiple violations between the punishments established for violations (A) and (B), with the subsequent result coming under the rules for post-conviction re-offense by relating them to the punishment established for violation (C), thus finding that the occurrence of reoffending breaks the concurrence between violations (A) and (C)?”

Establishes that in case a violation (A) is concurrent both with the violation that represents the first term (B) and with the violation that represents the second term (C) of a post-conviction re-offense, the work to establish the resulting punishment involves applying the rules for post-conviction re-offense to the punishments to be ordered for violations (A) and (B), with the subsequent result coming under the rules for post-conviction re-offense by relating them to the punishment established for violation (C).

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, 9 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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