High Court of Review and Justice

 

PRESS RELEASE

 

In its session of 20 January 2021, 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 Judgment:

 

Judgment #2 in case #2882/1/2020

            Denies as inadmissible the request from the Court of Appeals Bucharest – Chamber II for Criminal Matters in case # 8066/3/2020, for a preliminary ruling for the clarification of the following point of law:

            “Does withdrawing cash using counterfeit cards with the card data copied from stolen cards meet the constitutive elements of the crime of performing fraudulent financial operations stipulated at Art. 250 para. (1) and (2) in the Criminal Code, ideally corroborated with the crime of illegal access to a computer system stipulated at Art. 360 in the Criminal Code, or is it to remain the crime of performing fraudulent financial operations stipulated at Art. 250 para. (1) and (2) in the Criminal 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 20^th of January 2021

 

 

Judgment #3 in case #2986/1/2020

Sustains the request from the Court of Appeals Bucharest – Chamber II for Criminal Matters in case #1841/740/2017, for a preliminary ruling for the clarification of the following points of law:

“1. Is the crime of stealing or destroying evidence or documents as stipulated at Art. 275 para. (1) in the Criminal Code predicated on the existence of a judicial procedure already under way?

 2. Can the author of the crime stipulated by criminal law that makes the object of the criminal trial where the documents or physical evidence that were allegedly stolen or destroyed be the active subject of the crime of stealing or destroying evidence or documents in the manner stipulated at Art. 275 para. (1) in the Criminal Code?”

 

Rules that:

1. The crime of stealing or destroying evidence or documents as stipulated at Art. 275 para. (1) in the Criminal Code, is predicated on the existence of a judicial procedure already under way.
2. The author of the crime stipulated by criminal law that makes the object of the criminal trial where the documents or physical evidence that were allegedly stolen or destroyed can be the active subject of the crime of stealing or destroying evidence or documents in the manner stipulated at Art. 275 para. (1) in the Criminal 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 20^th of January 2021”

 

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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