Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 3 November 2020
High Court of Review and Justice
PRESS RELEASE
In its session of 3 November 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 a request for preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Judgment #68 in case #2352/1/2020
Sustains the request from the Bucharest Tribunal – Chamber I for Criminal Matters, in case #24527/302/2019 for a preliminary ruling for the clarification of the following point of law:
“In the interpretation of the stipulations of Art. 452 para. (1) in the Criminal Procedure Code, can a motion for review reliant on Art. 453 para. (1) letter f) in the Criminal Procedure Code also be filed against a final criminal Judgment that does not include a ruling on the merits of the criminal action?”
Rules that in the interpretation of Art. 452 para. (1) in the Criminal Procedure Code a motion for review reliant on Art. 453 para. (1) letter f) in the Criminal Procedure Code can also be filed against a final criminal Judgment returned in disposition of a motion filed under Art.595 in the Criminal Procedure Code.
Obligatory as of the date of publication in the Official Journal of Romania, Part I under Art 477 para. (3) in the Criminal Procedure Code.
Returned in public session today, the 3rd of November 2020.
Judgment #69 in case #2413/1/2020
Denies as inadmissible the request from the Brăila Tribunal in case #2682/196/2020, for a preliminary ruling for the clarification of the following point of law:
“in the hypothesis where an adult defendant was convicted after the date of 01 February 2014 in 3 judgments, as follows:
- the first, chronologically, is the first term of the post-conviction re-offense to the second judgment;
- the second punishment is at the stage of post-conviction re-offense with the first judgment and in conjunction with the third judgment;
- the third judgment, chronologically, contains a punishment for a criminal violation committed before the first judgment became final and a remainder from an educational punishment.
What is the mechanism for the merger of punishments?”
Obligatory as of the date of publication in the Official Journal of Romania, Part I under Art 477 para. (3) in the Criminal Procedure Code.
Returned in public session today, the 03rd of November 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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