Press release – Panel for the Clarification of Certain Points of Law in Criminal Matters in its session of 15 May 2023

High Court of Review and Justice

PRESS RELEASE

            In its session of 15 May 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:

Decision 38 in Case 519/1/2023

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

“1. Application of the provisions of Article 158 para. (3) of the Code of Criminal Procedure (with reference to the power of the prosecutor to authorise the continuation of the search in places adjacent to the place in respect of which the judge of rights and freedoms authorised the search) is or is not conditioned by the description of these adjacent places in the content of the decision authorising the search, or in the content of the search warrant, in relation to the provisions of Art. 158 para. (7) letter f) of the Code of Criminal Procedure.

  1. The legality of the decision issued by the judge of rights and freedoms authorising the search may or may not be subject to verification of legality, in the preliminary chamber procedure having to resolve the legality of the administration of evidence, any irregularities in the decision issued by the judge of rights and freedoms authorising the search.”

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, 15 May 2023.

Decision 39 in Case 672/1/2023

            Denies as inadmissible the request brought by the Court of Appeal of Bucharest- Second Criminal Chamber, in case 1120/122/2019, for a preliminary ruling for the clarification of the following points of law:

“If the provisions of Article 10 para. 11 of Law No 241/2005 are applicable in the case of the recovery of damages as a result of a non-voluntary activity, i.e. a compulsory enforcement procedure?”

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, 15 May 2023.

  

Decision 40 in Case 677/1/2023

            Denies as inadmissible the request brought by the by the Court of Appeal of Constanța – Criminal, Juvenile and Family Chamber, in Case No 581/36/2022, and the Court of Appeal of Brasov, Criminal Chamber, in Case No 419/64/2022, for a preliminary ruling for the clarification of the following points of law:

  1. “Whether the procedural error, consisting in the failure of the court of appeal to consider a ground for termination of the criminal proceedings, based on the incidence of the provisions relating to the limitation of criminal liability and the effects of the Decision of the Constitutional Court of Romania No 358/26.05.2022, may be examined as a ground for the appeal for annulment provided for by Article 426 point b) of the Code of Criminal Procedure, at the stage of admission in principle or after the completion of this stage, in relation to the existence of new circumstances, revealed after the final judgment of conviction on the cause for termination of the criminal proceedings and the provisions of Art.1 para. (5) and Art.147 para. (4) of the Romanian Constitution, in conjunction with the provisions of Article 6 of the European Convention on Human Rights and Article 11 para. (3) of Law no.47/1992 on the organisation and functioning of the Constitutional Court, relating to the binding and future effects of the decisions of the Constitutional Court of Romania in cases finally decided”.
  2. In interpreting the provisions of Article 426 point (b) of the Code of Criminal Procedure, does it constitute a procedural error for the court of appeal to fail to consider, in accordance with Article 5 of the Criminal Code, the incidence in the case of a more favourable criminal law in relation to a ground for termination of the criminal proceedings, namely the expiry of the limitation period for criminal liability?

 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, 15 May 2023.

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