High Court of Cassation and Justice
PRESS RELEASE
In its session of 16 September 2024, the High Court of Cassation and Justice, Panel for the Clarification of Certain Points of Law in Criminal Matters, lawfully established in each Case, considered two requests for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Decision 45 in Case 1095/1/2024
Sustains the request from the High Court of Cassation and Justice, for a preliminary ruling for the clarification of the following point of law:
“Whether, with regard to the crime of misappropriation of public bids under Article 246 of the Criminal Code, the substantive element consisting in the modality of “removal” is also present when, through bribery, the perpetrator of the offense, i.e. the active subject of the crime, withdraws from a public bid” and establishes that:
The substantive element of the crime of misappropriation of public bids under Article 246 of the Criminal Code, consisting in the modality of “removal”, is not present even when the perpetrator of the act, the active subject of the act, withdraws from a public bidding procedure as a result of bribery.
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, 16 September 2024.
Decision 46 in Case 1318/1/2024
Sustains the request from the Court of Appeal of Braşov – Criminal Chamber in case no. 7387/197/2021 for a preliminary ruling for the clarification of the following point of law:
„Whether the crime under Article 24(b) of Law no. 50/1991, consisting in proceeding with the execution of construction work after the competent supervisory bodies have ordered it to be stopped, also covers the same prohibited conduct which is criminalized even if the work is not halted but the order to stop it has been issued by the prosecuting authorities?” and establishes that:
The crime under Article 24, b) of Law no. 50/1991, consisting in proceeding with the execution of works after the order to stop them has been issued by the competent supervisory bodies according to law, does not cover the situation where the works continue after the order to stop them has been issued by the prosecution authorities.
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, 16 September 2024.
After the justification is written and the Judgment signed it shall be published in the Official Journal of Romania, Part I.