Cerere de recurs în casaţie semnată de avocatul inculpatului. Admisibilitate (I). Luare de mită pentru altul. Incriminarea faptei în Codul penal anterior (II)
Application for an appeal for review signed by the defendant’s attorney. Admissibility (I). Bribe taken for another. The incrimination of the offense in the previous Criminal Code (II)

Summary/Abstract: I. If the appeal for review is directly promoted by the defendant, his or her signature on the appeal is required under the sanction of inadmissibility. If the appeal for review is promoted by the defendant through a lawyer, the defendant’s signature may be replaced by the attorney’s signature, alongside the attorney’s proxy that proves his or her mandate to promote the remedy. II. On the one hand, because Article 254 paragraph 1 of the Criminal Code of 1969 did not distinguish between the quality of the beneficiary of the offense, bribe could have been committed only for the purpose of satisfying the offender or another person. On the other hand, Article 289 paragraph 1 of the Criminal Code of 2014 stipulates that bribe may be committed for the purpose of satisfying the offender or another person. However, in the sense of the aforementioned, one should not understand that Article 254 paragraph 1 Criminal Code 1969 had a different meaning. The offense of bribery for another result from a literal interpretation of the in force criminal provisions and resulted from a logical interpretation of the previously applicable criminal provisions.

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