High Court of Cassation and Justice
PRESS RELEASE
In its session of 29 May 2023, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered three appeals in the interest of the law and returned the following Judgments:
Decision no. 7 in Case No. 946/1/2023
Sustains the appeal in the interest of the law brought by the Public Prosecutor of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice.
In interpreting and applying the provisions of Article 208 para. (1) in conjunction with Article 229 para. (1) letter (d), final sentence, of the Criminal Code establishes that:
The offence of theft committed by using an improvised device which blocks the activation of the central locking system of a motor vehicle door, by jamming the signal of this system, meets the typical conditions of the offence of aggravated theft committed by using a false key provided for in Article 228 para. (1) of the Criminal Code in conjunction with Article 229 para. (1) letter d) final sentence of the same code.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 29 May 2023.
Decision no. 8 in Case No. 947/1/2023
Sustains the appeal in the interest of the law brought by the Public Prosecutor of the Public Prosecutor’s Office attached to the High Court of Cassation and Justice and consequently establishes that:
- In the uniform interpretation and application of the provisions of Article 301 of Law 302/2004 on international judicial cooperation in criminal matters, the legal basis for the calculation of the limitation period for enforcement in the case of financial penalties representing criminal or administrative fines imposed by the authorities of the Member States of the European Union and recognised by a judgment of the Romanian courts is either the provision of the Criminal Code or the provision of the Code of Fiscal Procedure, depending on the nature of the penalty.
- The date from which the limitation period for enforcement begins to run in the case of financial penalties imposed by the authorities of the Member States of the European Union and recognised by the Romanian authorities by a court decision is the date on which the decision pronounced by the authorities of the Member States imposing the financial penalty becomes final.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 29 May 2023.
Decision no. 9 in Case No. 963/1/2023
Sustains the appeal in the interest of the law brought by the Ombudsman and, accordingly, establishes that:
In the uniform interpretation and application of the provisions of Article IV para. (1) of Law no. 236/2019 amending and supplementing Article 15 of Government Ordinance no. 42/2004 on the organisation of sanitary-veterinary and food safety activities, as well as amending certain regulatory acts, these provisions are applicable in the absence of adoption by the executive branch of the methodological implementing rules provided for in Article V of this law, for the period 16 December 2019-23 July 2020.
Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.
Delivered in public session today, 29 May 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.