High Court of Review and Justice
In its session of 19 December 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 82 in Case 1708/1/2022
Denies as inadmissible the requests brought by the Court of Appeal of Braşov- Criminal Chamber and the Court of Appeal of Bucharest – First Criminal Chamber, in cases no. 4334/2/2022 and no. 4382/2/2022, for a preliminary ruling for the clarification of the following points of law:
- Are the provisions of Art. 426 point (b) and Art. 431 of the Code of Criminal Procedure to be interpreted as meaning that the court deciding the appeal for annulment has the power, at the stage of admissibility in principle, to reconsider which of the successive criminal laws is more favourable where a ground for discontinuance of the criminal proceedings is pleaded in relation to a successive law which has not been held to be more favourable in the case?
- In application of the provisions of Article 426 point (b) of the Code of Criminal Procedure, as interpreted by Decision No 10/2017 of the High Court of Cassation and Justice – Panel for Preliminary Ruling on Questions of Law, the court hearing the appeal for annulment, based on the effects of Constitutional Court Decisions No 297 of 26 April 2018 and No. 358 of 26 May 2022, be entitled to reconsider the limitation period for criminal liability, if the court of appeal examined the incidence of that cause of termination in relation to the expiry of the special limitation period, but failed to take into account the simple/extreme nature of Constitutional Court Decision No 297/2018, namely the non-existence of a cause of interruption of the limitation period for criminal liability in the period from 26 June 2018 to 30 May 2022?
- The failure of the court to take into account the absence of a cause for interrupting the limitation period for criminal liability in the period from 26 June 2018 to 30 May 2022 constitutes a procedural error within the meaning of Article 426 para. (1) point (b) of the Code of Criminal Procedure, in the case of cases judged finally during that period?
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, 19 December 2022.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.