High Court of Review and Justice
PRESS RELEASE
In its session of 25 May 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Decision #30 in Case #664/1/2022
Denies as inadmissible the request brought by the Cluj Tribunal, Criminal Chamber, for a preliminary ruling for the clarification of the following point of law:
“In the sense of Art. 89 para. (1) in the Criminal Code, is it possible to cancel a postponing of sentence enforcement in the hypothesis where the violation discovered during the supervision period has received a decision of sentence postponement.”
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 25th of May 2022.
Decision #31 in Case #675/1/2022
Denies as inadmissible the request brought by the Court of Appeals Craiova – Chamber for Criminal and Juvenile Matters, in Case # 1497/215/2018, for a preliminary ruling for the clarification of the following point of law:
”A clarification of the interpretation and application of the stipulations of Art. 295 para. (1) in the Criminal Code corroborated with Art. 308 in the Criminal Code, in the sense of establishing whether the de facto administrator of an apartment owners’ or tenants’ association can be the active subject of the crime of embezzlement and, respectively, establishing whether a person providing services for an apartment owners’ or tenants’ association, based on a service contract, can be considered a person who exercises, permanently or temporarily, with or without pay, tasks of any nature within the association, in the sense of Art. 308 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 25th of May 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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