High Court of Review and Justice
PRESS RELEASE
In its session of 19 September 2022, the High Court of Review and Justice – Panel for the Clarification of Certain Points of Law in criminal matter, 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 #44 in Case #1004/1/2022
Denies as inadmissible the requests brought by the by the Court of Appeal Târgu Mureș – Criminal Chamber, by judgment of 13 April 2022, delivered in Case No. 2.221/102/2018/a1.20*, requesting a preliminary ruling on the following question of law:
Does the term “damage” in Article 249 para. (5) of the Code of Criminal Procedure, concerning the imposition of the precautionary measure of seizure in respect of the offense provided for in Article 10 of Law No 241/2005 for the prevention and combating of tax evasion, as amended and supplemented by Law No 55/2021, cover only the actual calculated damage, i.e. the basis of calculation, or does it also include accessory damages (interest and penalties).
Obligatory under Art 477 para. (3) in the Criminal Procedure Code.
Returned in public session today, the 19th of September 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