21. Înalta Curte de Casaţie şi Justiţie, Completul pentru dezlegarea unor chestiuni de drept în materie penală, decizia nr. 10 din 2 iunie 2014, dosarul nr. 9/1/2014/HP/P, publicată în M. Of. nr. 502 din 7 iulie 2014
21. High Court of Cassation and Justice, decision no. 10 of 2 June 2014, file no. 9/1/2014/HP/P, published in Official Journal no. 502 of 7 July 2014

Summary/Abstract: I. The Applicant and the Subject of the Referral By the order of 20 March 2014, delivered in case file no. 30259/215/2013, and pursuant to Article 475 of the Code of Criminal Procedure, the Craiova Court of Appeal – Criminal Division and Division for Cases Involving Minors – referred to the High Court of Cassation and Justice a request for a preliminary ruling aimed at providing a principled clarification of legal issues concerning: the retention of the mitigating circumstances provided by Article 74 paragraph (1) of the former Criminal Code when, for the specific act, the more lenient law is the current Criminal Code, under the condition that the defendant’s situation is not aggravated in their own appeal, as well as the effects of the mitigating circumstances provided by the former Criminal Code (Article 76 of the former Criminal Code or Article 76 of the current Criminal Code), likewise under the condition that the defendant’s situation is not aggravated in their own appeal.

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