Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 22 June 2020

High Court of Review and Justice

PRESS RELEASE

In its session of 22 June 2020, 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 #19 in case #895/1/2020

Sustains the request from the Court of Appeals Oradea – Chamber for Criminal and Juvenile Matters in case #13613/271/2018 requesting a preliminary ruling for the clarification in principle of the following point of law: “is the notion of policeman stipulated by Art.257 para. (4) in the Criminal Code restricted in its meaning and designates only the police whose work and status are regulated under Law #218/2002 on the Organization and Operation of the Romanian Police and Law #360/2002 on the Status of the Policeman or does it have a wider, general meaning that includes local policemen whose work and status are regulated under Law #155/2010 of the Local Police and Law #188/1999 on the Status of Public Servants.”

Establishes that in interpreting the stipulations of Art. 257 para. (4) in the Criminal Code notion of “policeman” includes the person who exercises the position of local policeman as under Law #155/2010 of the Local Police #155/2010.

Obligatory as of the date of publication in the Official Journal of Romania, Part I, as under Art. 477 para. (3) in the Criminal Procedure Code.

Returned in public session today, 22 June 2020.

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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