Tribunalul Cluj, Secția penală, Sentința nr. 22/23.01.2019 (Studiu de Caz)
Cluj Tribunal, Criminal Section, Sentence no. 22/23.01.2019 (Case Law Study)

Summary/Abstract: The study focuses on 2 premises, namely: (1) Although there was a doubt regarding the nature of the substances, the prosecution preferred to choose the most severe and unfavourable legal classification or the accused, thus setting aside the in dubio pro reo principle. From the perspective of the offence regarding operations with substances likely to have psychoactive effect, the probation administered in court demonstrated that these substances were able to produce such effect; (2) Considering that the accused recognised the material acts he was charged with and disagreed only with the legal classification found in the indictment, the court – after direct evaluation of the evidence – concluded that the material acts recognized correspond to reality. Thus, it applied the provisions of Article 396 paragraph 10 from the Criminal Procedure Code, with the effects there provided.

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