High Court of Review and Justice
PRESS RELEASE
In its session of 7 June 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 a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Decision #37 in Case #769/1/2021
Sustains the request brought by the Court of Appeals Alba Iulia – Chamber for Criminal and Juvenile Matters, for a preliminary ruling on principle in the following point of law: “Does the posting of fictitious ads online thereby causing a loss to be sustained, without thereby tampering with the computer system or the digital data processed by said system, meet the conditions of typicality of the crime of computer fraud stipulated by Art. 249 in the Criminal Code (in the alternative modality of “introduction of digital data”) or of the crime of misrepresentation stipulated by Art. 244 para. (2) in the Criminal Code (in the alternative modality of “by other fraudulent means”)?”
The Court rules that the posting of fictitious ads online thereby causing a loss to be sustained, without thereby tampering with the computer system or the digital data processed by said system does meet the conditions of typicality of the crime of misrepresentation stipulated by Art. 244 in the Criminal Code.
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 7th of June 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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