High Court of Cassation and Justice
PRESS RELEASE
In its session of 22 April 2024, 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 18 in Case 359/1/2024
Sustains the request brought by the Court of Appel of Bucureşti – Second Criminal Chamber, in Case 3288/300/2023 (2274/2023), for a preliminary ruling for the clarification of the following point of law:
If the concepts of dwelling, room or outbuilding referred to in Article 226 para. (1) of the Criminal Code are broader than the concept of home in Article 224 of the Criminal Code, including those premises which, even if they cannot be described as a home, provide protection for the person’s privacy, such as the sanitary unit of a clinic or to which several persons have access, a changing room in a shop, the changing room of a gym, and establishes that:
The concepts of dwelling, room or dependency in the content of the offence of invasion of privacy, provided for in Article 226 para. (1) of the Criminal Code have the same meaning as the concepts of dwelling, room or dependency in the offence of breaking and entering, provided for in Article 224 para. (1) of the Criminal Code, being subsumed under the notion of home for the purposes of criminal law.
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, 22 April 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.