Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 17 March 2021
High Court of Review and Justice
PRESS RELEASE
In its session of 17 March 2021, 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 #17 in case #156/1/2021
Denies as inadmissible the request brought by the Court of Appeals Brașov – Criminal Chamber, in Case #19809/197/2018*, for a preliminary ruling for the clarification of the following point of law:
“In the interpretation of Art. 40 para. (1) in the Criminal Code, the court before which a case is brought shall also merge the punishment for the charges in the case before it, and the punishments ordered previously against the defendant for concurring crimes, in the particular situation where following application of Art. 10 in Law #187/2012 it would come to the defendant having to serve a punishment of a longer duration than that resulting from the successive service of all the sentences returned against them?”
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 17th of March 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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