High Court of Review and Justice
PRESS RELEASE
In its session of 28 November 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 78 in Case 1418/1/2022
Sustains the request from the Court of Appeal of Alba Iulia, Criminal Chamber, for a preliminary ruling for the clarification of the following points of law:
„Where, under Romanian law, it is compulsory for the person driving a vehicle on public roads to hold a driving licence, and that person holds only a provisional driving licence issued by the competent authority in the United Kingdom (Provisional Driving Licence), the mitigated form of the offence of driving a vehicle without a driving licence provided for in Article 335 para. (2) of the Criminal Code, that is to say, where the person is not entitled to drive a motor vehicle in Romania is retained?” and states that:
Under Romanian law, driving a vehicle on public roads by a person who holds a valid provisional driving licence issued by the competent authority in the United Kingdom (“Provisional Driving Licence”) constitutes the offence of driving a vehicle without a driving licence provided for in Article 335 para. (2) of the Criminal Code, where the person is not entitled to drive a motor vehicle in Romania.
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.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.