Press release – Panel for Appeals in the interest of the Law in its session of 27 November 2023

High Court of Cassation and Justice 

PRESS RELEASE

In its session of 27 November 2023, the High Court of Cassation and Justice – Panel for Appeals in the interest of the Law, lawfully established in each Case, considered two appeals in the interest of the law and returned the following Judgments:

Decision no. 22 in Case No. 2394/1/2023 

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 consequently establishes that:

 In the uniform interpretation and application of the provisions of Article 223 para. (1) point (d) of the Code of Criminal Procedure, when the accused is prosecuted for the commission of an offence for which he is being investigated while at liberty (first case) and there is subsequently a reasonable suspicion that he has intentionally committed a new offence (second case) or is preparing to commit a new offence, the measure of preventive detention under Art. 223 para. (1) para. (d) of the Code of Criminal Procedure may be ordered only in the first case.

Mandatory, according to Art. 474 para. (4) of the Code of Criminal Procedure.

Returned in public session today, 27 November 2023. 

 

Decision No 23 in Case No 2391/1/2023 

Sustains the appeal in the interest of the law brought by the Governing Board of the Court of Appeal of Alba-Iulia and, accordingly:

In the uniform interpretation and application of the provisions of Article 37 of Law No 448/2006 and the provisions of Annex No 9, point  IV letter A, sub-paragraph 2 of Government Decision No. 153/2018 for the approval of the Framework Regulation on the establishment of workplaces, categories of staff, the concrete size of the bonus for working conditions provided for in Annex No. II to Framework Law No. 153/2017, establishes that the personal assistant does not benefit from the bonus for dangerous or harmful conditions.

Mandatory, according to the provisions of Art. 517 para. (4) of the Code of Civil Procedure.

Delivered in public session today, 27 November 2023.

 

After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.