27. Decision no. 19 in file no. /1/2014/HP/P Cover Image
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27. Decizia nr. 19 în dosarul nr. /1/2014/HP/P
27. Decision no. 19 in file no. /1/2014/HP/P

Author(s): Aneta Ionescu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: concurrence of offences; discontinuation under new Criminal Code; obligation to impose remaining sentence; High Court interpretation of criminal law;

Summary/Abstract: I. The Applicant and the Subject of the Referral By the order of 29 May 2014, delivered in Case No. 345/229/2013 (1114/2014), concerning the appeal lodged by the defendant O.V. against Criminal Judgment No. 235/F of 6 November 2013 issued by the Fetești District Court in Case No. 345/229/2013, the Bucharest Court of Appeal – Criminal Division I, pursuant to art. 475 of the Criminal Procedure Code, referred the matter to the High Court of Cassation and Justice for a preliminary ruling aimed at providing a principled clarification of the following question of law: “Whether, in a situation where only under the new Criminal Code a ground for discontinuing the criminal proceedings applies to one of the offences forming a concurrence, it is mandatory or not to impose a sentence for the other offence included in the concurrence, also under the new Criminal Code.”

  • Issue Year: 2014
  • Issue No: 06
  • Page Range: 120-122
  • Page Count: 3
  • Language: Romanian
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