High Court of Review and Justice
PRESS RELEASE
In its session of 23 October 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 a request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Decision 71 in Case 1519/1/2023
Sustains the request from the Military Court of Appeal of Bucharest, in case 1/751/2023, for a preliminary ruling for the clarification of the following point of law:
“If, in interpreting and applying the provisions of Article 85 para. (2) point (g) of the Criminal Code, the court may impose on the person against whom the sentence has been postponed the obligation not to drive certain vehicles determined by the court for a period shorter than the period of supervision provided for in Article 84 of the Criminal Code” and states that:
In interpreting and applying the provisions of Article 85 para. (2) point (g) of the Criminal Code, the court may not impose on the person against whom the sentence has been postponed the obligation not to drive certain vehicles established by the court for a period shorter than the period of supervision provided for in Article 84 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, 23 October 2023.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.