High Court of Cassation and Justice

Jurisdiction – according to the new Criminal Procedure Code

According to Law no. 304 of 2004 on Judicial Organization and to the Criminal Procedure Code, the Criminal Chamber of the High Court of Cassation and Justice decides:

1. in first instance, upon cases and motions assigned by law under its jurisdiction as first instance of the High Court of Cassation and Justice;

According to Article. 40 of the Criminal Procedure Code, the Criminal Chamber of the High Court of Cassation and Justice rules in first instance on high treason offenses, offenses perpetrated by Senators, Deputies and Romanian members of the European Parliament, by Government members, by judges of Constitutional Court, by members of the Higher Council of Magistrates, by justices of the High Court of Cassation and Justice and by prosecutors of the Prosecutors’ Office attached to the High Court of Cassation and Justice;

2. appeals filed against criminal judgments returned in first instance by Courts of Appeals and the Military Court of Appeals;

3. challenges filed against criminal judgments returned in first instance by Courts of Appeals, by the Military Court of Appeals and by the Criminal Chamber of the High Court of Cassation and Justice, as per Article 31 of Law no. 304 of 2004;

4. appeals filed against non-final judgments or other judicial acts, of any nature whatsoever, that cannot be appealed by any other means, and in respect of which the course of trial was interrupted before Courts of Appeals;

5. actions for cancellation filed against non-final criminal judgments, under the terms set by law;

Actions for cancellation are regulated by Articles 433 – 451 of the Criminal Procedure Code.

The admissibility of motions for appeal on law is examined in chambers, by a panel composed of one justice, after submission of a report by the assistant magistrate, and when the service procedure has been legally fulfilled, as per Article. 440 para. (1) of the Criminal Procedure Code.

Article. 440 of the Criminal Procedure Code regulates admission in principle.

6. notifications for the return of a preliminary judgment clarifying legal aspects.

7. conflicts of jurisdiction, in situations where it is the joint higher court of the courts in conflict.

8. motions for case transfer from the Court of Appeals of competent jurisdiction to another Court of Appeals.

9. other cases specifically stipulated by law.

Jurisdiction – according to the old Criminal Procedure Code

According to Law no. 304 of 2004 on Judicial Organization, as republished, the Criminal Chamber rules on:

1. in first instance, cases and motions assigned by law under its jurisdiction as first instance of the High Court of Cassation and Justice;

According to Article 29 of the Criminal Procedure Code, the Criminal Chamber of the High Court of Cassation and Justice “rules in first instance on:

• offenses perpetrated by Senators, Deputies, and Euro-parliamentarians;
• offenses perpetrated by Government members;
• offenses perpetrated by judges of the Constitutional Court;
• offenses perpetrated by members of the Higher Council of Magistrates;
• offenses perpetrated by justices of the High Court of Review and Justice as well as by prosecutors of the Prosecutors’ Office attached to the High Court of Cassation and Justice;
• offenses perpetrated by marshals, admirals, military and police generals;
• other cases assigned by law under its jurisdiction."

2. appeal on law, under the terms established by law:

• appeal on law filed against criminal judgments returned in first instance by Courts of Appeals and Military Court of Appeals;
• appeal on law filed against criminal judgments returned by Courts of Appeals and the Military Court of Appeals in their capacity as appellate courts;
• appeal on law filed against criminal judgments returned in first instance by the Criminal Chamber of the High Court of Cassation and Justice, as well as on other cases established by law.

3. conflicts of jurisdiction, in situations where the High Court of Cassation and Justice is the joint higher court;

4. cases in respect of which the course of trial is interrupted;

5. case transfer motions, in situations established by law. 

The Criminal Chamber transfers the examination of a case from the Court of Appeals of competent jurisdiction to another Court of Appeals;

6. actions for cancellation – Articles 386 - 390 of the Criminal Procedure Code – against judgments returned by the Criminal Chamber of the High Court of Cassation and Justice.

For the release of notarized copies of judgments or sentences returned by the Criminal Chamber of the High Court of Cassation and Justice, a fee of RON 5 shall be charged for each counterpart.