High Court of Review and Justice
PRESS RELEASE
In its session of the 18th 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 #79 in Case #2474/1/2021
Sustains the request from the Court of Appeals Craiova – Chamber for Criminal and Juvenile Matters, requesting preliminary ruling for the clarification of the following points of law: „If the application of the benefit of the provisions of Article 19 in Law No 682/2002 to the defendant who has the status of denouncer in a criminal case is subject to the continuation of the criminal prosecution in personam, to the setting in motion of the criminal action or whether it is sufficient to start the prosecution in rem in the case in which he/she is a denouncer-witness” and establishes the following:
The application of the benefit of the provisions of Article 19 in Law No 682/2002 to the defendant who has the status of denouncer in a criminal case is subject to the continuation of the criminal prosecution in the case in which he/she has the status of a denouncer-witness, necessary but not sufficient condition, the court will assess the cumulative fulfillment of the conditions of application of the text.
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 18th of November 2021.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.