13. Competență după calitatea persoanei. Infracțiune săvârșită de o persoană care nu apare înscrisă în tabloul vreunui barou component al UNBR
13. Jurisdiction according to the capacity of the person. Crime committed by a person who is not registered with the Lawyer Directory of any constituent Bar of the National Union of Romanian Bars (UNBR)

Summary/Abstract: The jurisdiction of the court of appeal is attracted in the case provided by art. 38 letter d) of the Code of criminal procedure by the special capacity of the active subject, namely the capacity of lawyer, a profession regulated by the provisions of Law no. 51/1995. The documents placed on the case-file do not show that the defendant would have been registered in the Lawyer Directory of any constituent Bar of the National Union of Romanian Bars (UNBR) and that he would legally exercise his profession as a lawyer in Romania. As regards the communication sent by Szeged Bar from Hungary that the defendant is entitled to carry on lawyer-related activities, that he is a lawyer in the professional sense, that he may draw up powers of attorney which might be used in the court of first instance, as he has been registered in this Bar since (…) 2010, we shall uphold that, according to Law no. XI/1998 from Hungary, art. 89/B, paragraph (145), the registration of the European lawyers is made based upon a document issued by the Bar of the origin country and which provides that the respective person be entitled to carry on the activity as a lawyer in his origin country.

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