High Court of Review and Justice
PRESS RELEASE
In its session of 13 February 2023, the High Court of Cassation and Justice, Panel for the Clarification of Certain Points of Law in Criminal Matters, lawfully established in each Case, considered two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Decision 9 in Case 2545/1/2022
Sustains the request from Court of Appeal of Braşov- Criminal Chamber, by judgment of the session of 16 November 2022, delivered in Case No 1802/62/2019, for a preliminary ruling for the clarification of the following points of law:
“If the military unit – military hospital is a public authority or a public institution, and if it is a public institution, if a public institution – military unit – can be an active subject as perpetrator of service and corruption offences, namely the offence of bribery, provided for in Art. 289 para. (1) of the Criminal Code and abuse of office, provided for in Art. 297 para. (1) of the Criminal Code, offences for which the qualified direct perpetrator is a civil servant or public official”, and establishes that:
The military hospital is a public institution within the meaning of Article 135 of the Criminal Code, and it cannot be the perpetrator of the offences of bribery provided for in Article 289 para. (1) of the Criminal Code and abuse of office, provided for in Article 297 para. (1) of the Criminal Code.
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, 13 February 2023.
Decision 10 in Case 2564/1/2022
Denies as inadmissible the request brought by the Court of Appeal of Galaţi – Criminal and Juvenile Chamber in case 2564/1/2022, for a preliminary ruling for the clarification of the following points of law in criminal matter:
“If the phrase «where two or more final judgments cannot be reconciled », which constitutes the content of Article 453 para. (5) of the Code of Criminal Procedure, as well as the phrase «all judgments which cannot be reconciled» which constitutes the content of Article 453 para. (5) of the Code of Criminal Procedure also refers to the situation in which a state of irreconcilability has arisen between a final civil judgment of a punitive nature and, on the other hand, a final criminal judgment, where both final judgments relate to identical or related factual situations”.
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, 13 February 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.