Failure of the request for appeal by e-mail. Dissenting opinion

The Court of Appeal from Bacau, the majority opinion, ruled that the criminal procedure law allows appeals only by registered letter with acknowledgment of receipt when the application is submitted in person or by counsel, that in order to check their performance within.

In this case, on the one hand, the Court informed the court of appeal that the appeal was received by the appellant lawyer to the email address of the institution, on the other hand counsel submitted that appealed within sending a e-mail to e-mail the Court. Court held that, in relation to limiting provisions of Article 187 Criminal Procedural Code the exercise of a right in a given period will lapse and to the provisions of Article 175 Criminal Procedural Code telephonic or telegraphic note on law permits only call a person before the court or the investigating authorities and not to communicate other procedural documents, the appeal is introduced late.

Dissenting opinion was that therefore the exception was late, restoring the role of the case and set a new hearing by summoning the parties to the appeal trial on the merits. In this sense would be required and admission request of counsel for the appellant-defendant laptop verification that the appeal was sent by mail to give the applicant can prove that the message containing the appeal was sent to Court and that is acknowledged as received. He said that the report of contradictions, on the one hand or extracted from the list of sent messages of counsel indicating that appellant was sent by mail appeal to the Tribunal and the other party to the Court that at the time mentioned not received any application to electronic mail, this advantage appellant-defendant cases, arrest date as the date of filing the appeal raised and examining the appeal on the merits, this measure is likely to ensure the right to a fair trial provided for  Article 6 of C.E.D.O. for recurrent, as that concept has been developed by the European Court.

Regarding the fact that the document considered filed within the period provided by law would only be applied to the administration of the detention or military unit or at the post office by registered appreciated the Article 187 Criminal Procedural Code must be corroborated with Article 175 Criminal Procedural Code calling a person on the court. According to Article 175 paragraph 1 Criminal Procedural Code, citing a person can do by telephone or telegraphic notice, mail messages are treated as such means of communication. Where the pleadings may be issued by judicial bodies by the parties and by other means of communication requirement for parties to submit papers to the court by registered mail only to be regarded as made in time is not likely to provide a recurring fair trial, especially since the consequences for him are drastic, due not considering recurrent criticism of previous decisions and dismiss the appeal as late. (Criminal Decision no. 115 of 18 February 2010 issued by the Criminal Division in appeal, juvenile and family cases to the Court of Appeal Bacau covering offenses on public roads – JURINDEX2010328241)

>> The source: JURIDICE.ro



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