High Court of Cassation and Justice. Criminal Chamber. Decision no. 3777 of November 19, 2012 (Case-Law Study) Cover Image
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Înalta Curte de Casație și Justiție, Secția penală, Decizia nr. 3777 din 19 noiembrie 2012 (Studiu de caz)
High Court of Cassation and Justice. Criminal Chamber. Decision no. 3777 of November 19, 2012 (Case-Law Study)

Author(s): Daniel Catalin Velicu
Subject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: financial investment services company; double procedural status in the civil side of the crminal trial; disjunction of solving civil action; failure in giving resonable reasons through decision; changing the judicial situation

Summary/Abstract: : The High Court of Cassation and Justice Decision brings in the forefront the procedural errors created by the simplified procedure provided by art. 320^1 Cod.proc.pen. I.C.C.J. finds the lower courts failure in respecting the same procedural rights regarding the defendant and responsible civil party. But, while the Supreme Court omits the simultaneous existence, the task of both parties, of procedural obligations whose observance presupposes affecting those rights which are criticized as violated. This omission is corroborated with an error which itself I.C.C.J. criticize to the retrial court whose decision is quashed. Although defendant's confession is not queen of proofs anymore, it remains one of the decisive evidence in a complex criminal trial involving more than 300 parts of which only one has a double processual quality.

  • Issue Year: 2013
  • Issue No: 03
  • Page Range: 162-168
  • Page Count: 7
  • Language: Romanian