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Press release - Panel for the Clarification of Certain Points of Law in Criminal Matters - 2021

Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 21 April 2021

High Court of Review and Justice

 

PRESS RELEASE

 

In its session of 21 April 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 #27 in Case #293/1/2021

 

Sustains the request brought by the Court of Appeals Cluj – Chamber for Criminal matters, in Case #9318/328/2018, for a preliminary ruling for the clarification of the following point of law:

“Can the active subject of the criminal violation stipulated at Art. 335 para. (2) in the Criminal Code be a person who, after return of the final verdict of conviction on the charges stipulated by Art. 336 para. (1) in the Criminal Code and who, until their driver’s license is canceled by order of the Chief of Police, drives a vehicle on public roads?”

The Court rules that the active subject of the criminal violation stipulated at Art. 335 para. (2) in the Criminal Code can be a person who, after return of the final verdict of conviction on the charges stipulated by Art. 336 para. (1) in the Criminal Code and who, until their driver’s license is canceled by order of the Chief of Police, drives a vehicle on public roads.

 

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 21st of April 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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