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HCCJ. Forged document vs. document with unreal content

The High Court of Cassation and Justice has ruled that, according to the juridical literature and the case law, on the revision based on the provisions of art. 322 pt. 4 of the new Code of Civil Procedure (the revision of the judgement which was pronounced taking into account a document which was proved to be false during or after the judgement) (art. 509 pt. 3 of the new Code of Civil Procedure), it can be stated the fact that the document which is referred to by this article can be both the document which is proved to be forged once it has been established that the offence was committed and the document with an unreal content, although, it does not necessarily imply the fact that the alteration of reality is the result of an offence, because the proof of the unreal content is due to be presented in front of the court of revision. The High Court has ruled that this can be applied as well to the situation when it have been ordered that the initiation of criminal proceedings is not imperative in order to punish the postman for having committed forgery, because it has not been proved his intention in committing the offence, during the procedure of displaying a registered letter, based on the fact that he has mistakenly, out of negligence, written on the delivery minutes an incorrect date, the validity of the procedural act being altered.  

(Decision no. 1287 of the 6th of May 2014 pronounced by Civil Section 1 of the High Court of Cassation and Justice, covering the revision)

:: The source: JURIDICE.ro

Alexandra DOBRIȘAN

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