High Court of Cassation and Justice
PRESS RELEASE
In its session of 3 June 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 30 in Case 400/1/2024
Sustains the request from the Court of Appeal of Braşov – Criminal Chamber for a preliminary ruling for the clarification of the following point of law:
”In the case of offences for which criminal proceedings are initiated upon a prior complaint by the injured party or ex officio, and the injured party has already lodged such a complaint, can criminal proceedings still be initiated ex officio?” and establishes that:
In the case of offences for which criminal proceedings are initiated upon the prior complaint of the injured person or ex officio, and the injured person has already lodged such a complaint, the criminal proceedings must be considered as having been initiated upon the prior complaint of the injured person, so that the withdrawal of the prior complaint may take place in accordance with Article 158 para. (1) 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, 3 June 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.