High Court of Review and Justice
In its session of 20 March 2023, the High Court of Cassation and Justice, Panel for the Clarification of Certain Points of Law in Criminal Matters, 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 19 in Case 2413/1/2022
Denies as inadmissible the request brought by the Court of Appeal of Cluj- Criminal and Juvenile Chamber in case 1014/112/2019, for a preliminary ruling for the clarification of the following points of law:
“If, in interpreting and applying the provisions of Article 105 para. (2) of the Criminal Code, the appellate court has the legal possibility, in finding that the conditions for the grant of conditional release are met in relation to the resulting sentence ordered by the first instance following the merger of the sentence imposed for the offence under trial and sentences previously imposed for concurrent offences by final judgments of conviction, to grant conditional release where the trial court did not consider such a possibility”.
Mandatory 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, 20 March 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.