High Court of Review and Justice
PRESS RELEASE
In its session of 18 September 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 three requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgments:
Decision 56 in Case 1235/1/2023
Denies as inadmissible the request brought by the Court of Appeal of Piteşti- Criminal, Juvenile and Family Chamber in case 248590/2022/a1, for a preliminary ruling for the clarification of the following points of law:
“1. Whether the evidentiary procedure of access to a computer system may be used when (i) the computer support is in the physical custody of the prosecuting authority, or whether this evidentiary procedure only allows (i) remote access to such a system for the purpose of monitoring/supervising the activity being conducted?
- Is the choice as to whether to issue, obtain and/or use a warrant for access to a computer system or a computer search warrant for the purpose of copying in full the data contained in a computer system in the possession of the prosecuting authority a matter of expediency, within the discretion of the prosecuting authority, or a matter of legality, subject to review by the Preliminary Chamber?”
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, 18 September 2023.
Decision 57 in Case 1407/1/2023
Sustains the request from the Court of Appeal of Bacău, Criminal, Juvenile and Family Chamber, for a preliminary ruling for the clarification of the following points of law:
“It shall be an offence under Article 335 para. (3) of the Criminal Code, the act of entrusting a vehicle to be driven on public roads to a person whom he knows to be under the influence of alcohol, if the latter commits the offence of refusing to take biological samples for the purpose of determining the blood alcohol level and is prosecuted for this offence?”
The act of entrusting a vehicle for which the law provides for the obligation to hold a driving licence for driving on public roads to a person who is known to be under the influence of alcohol, but who has refused or evaded taking biological samples and who is prosecuted for the offence provided for in Article 337 of the Criminal Code, does not meet the typical conditions for the offence provided for in Article 335 para. (3) 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, 18 September 2023.
Decision 58 in Case 1470/1/2023
Sustains the request from the Court of Appeal of Bacău, Criminal, Juvenile and Family Chamber in case 2168/321/2021, for a preliminary ruling for the clarification of the following points of law:
“The general limitation period for the offence of assault or other violence in the form of domestic violence, provided for in Article 193 para. (2) of the Criminal Code with application of Art. 199 para. (1) of the Criminal Code, both rules referred to Art. 187 of the Criminal Code concerning the meaning of the concept of punishment prescribed by law, is that indicated by Art. 154 para. (1) point (d) of the Criminal Code, i.e. the legal nature of Art. 199 para. (1) of the Criminal Code is: 1. an offence in its own right (autonomous); 2. an aggravated form of the offence to which it applies (in the first two situations the general limitation period is thus 8 years) or 3. a special cause for aggravation of the penalty in certain circumstances (in the latter situation the general limitation period is thus 5 years)” and establishes that:
The incrimination in Article 199 para. (1) of the Criminal Code is an aggravated variant of the offence of assault or other violence provided for in Article 193 para. (2) of the Criminal Code.
The general limitation period for the offence of assault or other violence in the form of domestic violence, provided for in Article 193 para. (2) of the Criminal Code with application of Art. 199 para. (1) of the Criminal Code, is that set out in Art. 154 para. (1) point c) 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, 18 September 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.