High Court of Review and Justice
PRESS RELEASE
In its session of 27 January 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 #1 in Case #2737/1/2021
Denies as inadmissible the request brought by the Court of Appeals Oradea – Chamber for Criminal and Juvenile Matters, in its session report of 19 October 2021, in Case # 9633/296/2017*, for a preliminary ruling for the clarification of the following point of law:
“As regards the regime of conditional suspension of sentence service, in terms of its revocation, is it the one stipulated by the 1969 Criminal Code, in application of Art. 15 para. (2) in Law #187/2012, in the situation where the main punishment for a criminal violation committed before 01 February 2014 was established according to the current Criminal Code and the manner of serving the sentence was ordered according to the 1969 Criminal Code, as an effect of applying the more favorable criminal law per autonomous institutions, in the circumstances where Constitutional Court Decision #265 of 06 May 2014, published in the Official Journal of Romania Issue #372/20 May 2014, states that the stipulations of Art. 5 in the Criminal Code are constitutional insofar as they do not allow combining stipulations from successive laws in establishing and enforcing the application of the more favorable criminal law?”
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 27th of January 2022.
Decision #2 in Case #2749/1/2021
Denies as inadmissible the request brought by the Court of Appeals Timișoara, Criminal Chamber, in Case # 392/30/2021 for a preliminary ruling for the clarification of the following point of law:
“In the interpretation of Art. 452 para. (1) in the Criminal Procedure Code, can a motion for review reliant on Art. 453 para. (1) letter e) in the Criminal Procedure Code also be directed against a criminal judgment that is final but does not deal with the merits of the criminal action?”
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 27th of January 2022.
Decision #3 in Case #2763/1/2021
Sustains the request brought by the Court of Appeals Cluj, Criminal Chamber, in its session report of 14 October 2021, in Case #2259/117/2019, and rules that:
In the interpretation of Art. 3 in Law #143/2000, in the situation where a person travels in Romania by plane and carries drugs, the latter shall be construed as introduced in the country (with the consequence of the action being considered as consummated) at the moment when the person on board the aircraft crosses the border, thus entering the airspace located inside the national borders, without the performance of a customs inspection presenting any relevance in terms of consummation of the criminal 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 27th of January 2022.
Decision #4 in Case #2813/1/2021
Sustains the request brought by the Court of Appeals București – Chamber II for Criminal Matters, in Case # 16037/301/2021, for a preliminary ruling for the clarification of the following point of law:
“In the situation where a crime of theft is committed by an individual wearing a mask in a space where wearing a mask is mandatory, the court shall consider the aggravated form of the crime of theft as described under Art. 228 para. (1) – Art. 229 para. (1) letter c) in the Criminal Code” and consequently rules that:
Compliance with the obligation to wear a protective mask that has the ability to conceal one’s physiognomy, in public spaces where applicable law mandates wearing such a mask, causes applicability of the aggravating circumstance element stipulated by Art. 229 para. (1) letter c) in the Criminal Code in regards to a crime of theft committed by an individual wearing a mask.
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 27th of January 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.
OFFICE FOR PUBLIC INFORMATION AND RELATIONS