High Court of Review and Justice
PRESS RELEASE
In its session of 8 December 2021, the High Court of Review and Justice – Panels for the Clarification of Certain Points of Law, 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 #83 in Case #2611/1/2021
Denies as inadmissible the request brought by the Satu Mare Tribunal, for a preliminary ruling for the clarification of the following point of law:
An interpretation of the stipulations in Art. 65 para. (1) corroborated with Art. 64 para. (1) letter c) and Art. 114 para. (4) in the Criminal Procedure Code, namely whether the law enforcement body that filed the report finding the commission of a crime in the act of its commission can also proceed to performing the criminal investigation; what is the applicable penalty in case the entity is subsequently heard as a witness in that same case, namely is it absolute nullification of the criminal investigation steps performed, because of a violation of the rules of jurisdiction as under Art. 281 para. (1) letter b) in the Criminal Procedure Code and Constitutional Court Decision #302/2017, or is it relative nullification as under Art. 282 in the Criminal Procedure Code because of the existence of a situation of incompatibility arising from the capacity as witness to the commission of a crime while also being the entity that found the commission of a crime in the capacity of law enforcement body.
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 8th of December 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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