Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 24 June 2021

High Court of Review and Justice 

PRESS RELEASE

In its session of 24 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 #51 in Case #1321/1/2021

Sustains the request brought by the Court of Appeals Oradea – Chamber for Criminal Matters and for Juvenile Matters, in Case #11575/271/2019, for a preliminary ruling on the following point of law:

“Is the typicality of the crime of violation of private life in the manner criminalized at Art. 226 para. (2) in the Criminal Code conditioned by possession of sounds, conversations or images, obtained unlawfully by the photographing, capturing or recording images, listening using technical means or audio recording a person located in a residence or room or annex thereof, or of a private conversation?”

The Court rules that the typicality of the crime of violation of private life in the manner criminalized at Art. 226 para. (2) in the Criminal Code is not conditioned by possession of sounds, conversations or images, obtained unlawfully by the photographing, capturing or recording images, listening using technical means or audio recording a person located in a residence or room or annex thereof, or of a private conversation.

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 24th 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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