High Court of Review and Justice
PRESS RELEASE
In its session of 28 September 2022 the High Court of Review and Justice – Panel 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 #51 in Case #1002/1/2022
Denies as inadmissible the request brought by the Galați Tribunal for a preliminary ruling for the clarification of the following point of law:
Will the days that qualify as served, under Law #169/2017, and thus considered for the completion of the penalty fraction needed for the granting of parole, and mentioned as earned within the judicial decision that settled the motion for parole, remain earned even after the return of the Constitutional Court Decision # 242 of 8 April 2021, published in the Official Journal of Romania, issue #677 of 8 July 2021, and are thus deducted from the penalty resulting from the merging regulated under Art. 40 corroborated with Art. 38 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 28th of September 2022.
Decision #52 in Case #1219/1/2022
Denies as inadmissible the request brought by the Craiova Court of Appeals, Chamber for Criminal and Juvenile Matters, in Case # 387/181/2020, for a preliminary ruling for the clarification of the following point of law:
“Clarify the way to interpret and apply the stipulations of Art. 78 para. (2) in Emergency Government Order #195/2002 on Circulation on Public Roads, in the sense of establishing whether the typicality elements are met of the violation stipulated under Art. 336 in the Criminal Code, specifically the condition that an alcoholic imbibition must exist of over 0.80 g/l pure alcohol in the bloodstream.”
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 28th of September 2022.
Decision #53 in Case #1242/1/2022
Denies as inadmissible the request brought by the Bucharest Court of Appeals – Chamber I for Criminal Matters, in Case # 29758/3/2021(1148/2022) for a preliminary ruling for the clarification of the following point of law:
“Does the unlawful use of a bank card at a POS terminal, in contactless mode, to pay for certain items, meet the constitutive elements of either two criminal violations, namely: accessing a computer system as under Art. 360 para. (1) in the Criminal Code; and performing fraudulent financial operations as under Art. 250 para. (1) in the Criminal Code (in attempted or consummated mode, depending on the performance of the actual transaction) or only the constitutive elements of the criminal violation of performing fraudulent financial operations as under Art. 250 para. (1) in the Criminal Code (in attempted or consummated mode, depending on the performance of the actual transaction).”
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 28th of September 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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