High Court of Review and Justice
PRESS RELEASE
In its session of the 4th of November 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 requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Decision #75 in Case #2439/1/2021
Sustains the request from the Court of Appeals Suceava – Chamber for Criminal and Juvenile Matters, requesting preliminary ruling for the clarification of the following points of law:
„If, in the case of an offense referred to in Article 7 para. 1 in Law No 39/2003 (form prior to 01 February 2014), the limitation period of criminal liability shall be set in relation to the maximum penalty provided for by that law, namely 20 years, or depending on the penalty provided for by law for the most serious offense for the purpose of the criminal group, taking into account, in relation to the term “penalty provided for by law”, the provisions of paragraph 2 of Article 7 in Law No 39/2003 (previous form)”.
Establishes that in the case of an offense referred to in Article 7 para. 1 in Law No 39/2003 (form prior to 01 February 2014), the limitation period of criminal liability shall be calculated in relation to the maximum penalty provided for by this law, namely 20 years, regardless of the penalty laid down by law for the most serious offense for the purpose of the criminal group.
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 4th of November 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.