Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 23 February 2022

High Court of Review and Justice 

PRESS RELEASE

In its session of 23 February 2022, the High Court of Review and Justice – Panels for the Clarification of Certain Points of Law, lawfully established in each of the cases, considered two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

Decision #11 in Case #3007/1/2021 

Sustains the request brought by the Court of Appeals Cluj – Chamber for Criminal and Juvenile Matters, in Case #8337/190/2020, where they request a preliminary ruling for the following point of law: “Does the action of a person driving a vehicle on public roads, who on being tested revealed an alcoholic imbibition of over 0.80 g/l of pure alcohol in their blood and was also under the influence of psychoactive substances, meet the elements that define the specificity of the criminal violation with an alternative content stipulated by Art. 336 para. (1) and (2) in the Criminal Code, meet the elements that define the specificity of two criminal violations with an alternative content in an ideal concurrence, as stipulated by Art. 336 para. (1) in the Criminal Code and Art. 336 para. (2) in the Criminal Code, also with application of Art. 38 para. (2) in the Criminal Code?” and consequently returns this Judgment:

The action of a person driving a vehicle on public roads, who has an alcoholic imbibition of over 0.80 g/l of pure alcohol in their blood and is also under the influence of psychoactive substances, meets the elements that define the specificity of the criminal violation stipulated by Art. 336 para. (1) and (2) in the Criminal Code, single violation.

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 23rd of February 2022.

Decision #12 in Case #3090/1/2021 

Denies as inadmissible the request brought by the Court of Appeals Bucharest – Chamber I for Criminal Matters, in Case #29254/94/2020, for a preliminary ruling for the clarification of the following point of law:

The Decree issued by the President of Romania under number 195 of 16 March 2020, on instating a state of emergency on the territory of Romania, published in the Official Journal of Romania, Part I, issue #212 of 16 March 2020, approved by Romanian Parliament Decision #3 of 19 March 2020 to Approve the Measure of the Romanian President to Instate a State of Emergency in the Entire Territory of Romania, published in the Official Journal of Romania, Part I, issue #224 of 19 March 2020 and the Decree issued by the President of Romania under number 240 of 14 April 2020 to extend the duration of the state of emergency on the territory of Romania, published in the Official Journal of Romania, Part I, issue #311 of 14 April 2020, approved by Romanian Parliament Decision #4 of 16 April 2020 to Approve the Measure of the Romanian President to Extend the Duration of the State of Emergency in the Entire Territory of Romania published in the Official Journal of Romania, Part I, issue #320 of 16 April 2020, constitute grounds to suspend the statute of limitations of criminal liability as stipulated by Art. 156 in the Criminal Code.

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 23rd of February 2022.

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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