Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 11 November 2022

High Court of Review and Justice

PRESS RELEASE

            In its session of 11 November 2022, 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 74 in Case 1676/1/2023

            Denies as inadmissible the request brought by the Court of Appeal of Bucharest- Second Criminal Chamber for a preliminary ruling for the clarification of the following points of law:

          “If in interpreting Art. 6 and Art. 7 para. (2) of Law No. 78/2000 on the prevention, detection and punishment of corruption (as in force prior to the 2014 amendment), the aggravated form of the offence of bribery is conditional on the offence being committed against an official who exercises control functions in direct connection with those functions, or it is sufficient that the official has control functions, since the bribery committed against him is not directly related to those functions.”

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, 11 November 2022.

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