High Court of Review and Justice
PRESS RELEASE
In its session of 29 September 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 four requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Decision #65 in Case # 1607/1/2021
Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber I for Criminal Matters in case #1629/2/2021, for a preliminary ruling for the clarification of the following points of law:
„Article 426 para. (1) letter (d) of the Code of Criminal procedure shall be interpreted as meaning that the appellate court was not composed in accordance with the law in relation to the appeal before it and/or in relation to the solution given by the criminal decision.”
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, 29 September 2021.
Decision #66 in Case # 1629/1/2021
Sustains the request from the Court of Appeals Bucharest – Chamber II for Criminal Matters in case #1059/98/2018, for a preliminary ruling for the clarification of the following points of law: „If interest and penalties are applied to the damage caused by the offense, plus 20 % of the basis of calculation or if interest and penalties shall be calculated only on the damage caused by the offense” and establishes the following:
Interest and penalties referred to in Article 10 para. (11) of Law No 241/2005 on prevention and combat of tax evasion are only applicable to the damage caused by the offense, without taking into account the increase of 20 % of the base of calculation.
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, 29 September 2021.
Decision #67 in Case # 1795/1/2021
Denies as inadmissible the request brought by the Court of Appeals Bacău – Chamber for Criminal and Juvenile Matters, in case #473/321/2020, for a preliminary ruling for the clarification of the following points of law:
„The appellate court vested with the appeal declared by the prosecutor exclusively on grounds of illegality of the sentence given in the first instance, one/more of which being in favor of the defendant, the other/s being against the same defendant, the latter reasons concerning matters other than the penalty applied by the first instance, may examine in respect of that defendant the sentence appealed in respect of the merits of the penalty imposed, which would result in an increase in the amount of the penalty or the removal of provisions concerning the suspension under supervision of the execution of that sentence ordered by the appealed judgment, without prejudice to the provisions of Article 418(2) of the Code of Criminal procedure.”
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, 29 September 2021.
Decision #68 in Case # 1876/1/2021
Denies as inadmissible the request brought by the Court of Appeals Ploieşti – Chamber for Criminal and Juvenile Matters for a preliminary ruling for the clarification of the following points of law:
„In the interpretation of the provisions of Article 360 para. (1) of the Criminal Code on illegal access to an information system, in the case of persons who may at any time query a database containing non-public information, such a query not followed by the subsequent performance of specific acts to the performance of duties relating to the query performed, may represent an exceed of the limits for which the authorization has been granted.”;
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, 29 September 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.