High Court of Cassation and Justice
PRESS RELEASE
In its session of 7 October 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 one request for a preliminary ruling for the clarification of certain points of law, and returned the following Judgment:
Decision 49 in Case 1521/1/2024
Sustains the request from the Court of Appeal of Suceava – Chamber for Criminal Matters and for Juveniles Matters, for a preliminary ruling for the clarification of the following point of law:
“Whether in interpreting the provisions of Art. 198 para. (1) of the Criminal Code, Article 19 para. (2) of the Code of Criminal Procedure and Article 1370 of the Civil Code, a civil action brought by a defendant – a participant in the commission of the offense of brawl under Article 198 para. (1) of the Criminal Code against another defendant – a participant in the same offense of brawl referred to in Article 198 para. (1) of the Criminal Code, relating to civil claims arising from injuries sustained as a result of the brawl can be admissible” and establishes that:
In the interpretation and application of Article 198 para. (1) of the Criminal Code, Article 19 para. (2) of the Code of Criminal Procedure and Article 1370 of the Civil Code, the civil action brought by a defendant – a participant involved in the perpetration of the offense of brawl under Article 198 para. (1) of the Criminal Code against another defendant – a participant in the same act of brawl referred to in Article 198 para. (1) of the Criminal Code can be admissible.
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.