Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 18 February 2021
High Court of Review and Justice
PRESS RELEASE
In its session of 18 February 2021, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in Criminal Matters, lawfully established, considered requests for preliminary rulings for the clarification of certain points of law, and returned the following Judgments”
Decision #10 in Case #3096/1/2020
Denies as inadmissible the request brought by the Court of Appeals Brașov – Criminal Chamber, in Case # 19055/197/2019, for a preliminary ruling for the clarification of the following point of law:
“Can the criminal court consider the elements of civil tort against the defendant in the hypothesis that the injured party files civil legal action in compliance with the deadline stipulated at Art. 20 para. (1) in the Criminal Procedure Code, but after completion of the preliminary chamber procedure, and the vehicle civil liability insurer refuses to participate in the criminal trial as a party with civil liability?”
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 18th of February 2021.
Decision #11 in Case #3104/1/2020
Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber II for Criminal Matters, in Case #6396/740/2019 (1993/2020), for a preliminary ruling for the clarification in principle of the following point of law: “Does the expression at Art. 335 para. (3) in the Criminal Code, namely ‘by the same punishment’, refer to the punishment stipulated by Art. 335 para. (2) in the Criminal Code or the punishment stipulated by Art. 335 para. (1) in the Criminal Code, Art. 335 para. (2) in the Criminal Code or Art. 336 in the Criminal Code, depending on the alternative material element of the criminal violation?”
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 18th of February 2021.
Decision #12 in Case #3274/1/2020
Denies as inadmissible the request brought by the Tribunal Argeş – Chamber for Criminal Matters, in Case # 12831/280/2019/a1, for a preliminary ruling for the clarification of the following point of law:
“1. Is the crime of misuse of position within the jurisdiction of the National Anticorruption Department, in reference to the stipulations of Art. 13 para. (1) letter a) in Emergency Government Order #43/2002, in the circumstances where the public official has obtained an undue benefit for self or another, as stipulated at Art. 132 in Law #378/2000 corroborated with Art. 297 in the Criminal Code or Art. 248 in the Criminal Code din 1969, in the qualification of which it was charged that irrespective of the capacity of the defendants an undue benefit was obtained for another equivalent to the amounts established as constituting the damage and in a total amount exceeding 10,000 EUR?
2. Is the notion of ‘undue benefit’ stipulated by Art. 132 in Law #78/2000 circumscribed to the phrase ‘the value of the amount of money or the asset that forms the object of the crime of corruption exceeds the Romanian Lei equivalent of 10,000 EUR’, as included in Art. 13 para. (1) letter a) Thesis II in Emergency Government Order #43/2002, with the consequence of bringing about the material jurisdiction of the National Anticorruption Department as established by Art. 13 para. (1) in Emergency Government Order #43/2002?”
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 18th of February 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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