HCCJ. Application of penalty outside the limits provided by law

High Court of Cassation and Justice ruled that establishing the penalty in other limits than those resulting from the application of legal provisions regarding the effects of mitigating circumstances, as held by the court, falls within the case of appeal in cassation, regulated by art. 438 para. (1) pt. 12 of the new Criminal Procedure Code regarding the application of penalties according to limits other than those provided in the law.

Under the provisions of art. 11 para. (1) and (5) of Law no. 255/2013, the decisions rendered in appeal before the entry into force of the new Code of Criminal Procedure, regarding the period of time for declaring the means of appeal provided by the Code of Criminal Procedure which had not expired prior to the entry into force of the new Criminal Code Procedure, will become final after the entry into force of the latter and are subject to appeal in cassation.

In case of these decisions, the application the more favorable criminal law after the final judgment of the case, according to art. 6 of the New Criminal Code, is not to be performed by way of appeal in cassation under the cassation case provided by art. 438 para. (1) pt. 12 of the New Criminal Procedure Code, but through appeal against enforcement, the appeal in cassation thus censoring for this category of decisions, the application of penalty in other limits than those enforced in the previously Criminal Code.

(Decision no. 66 / RC of June 16, 2014 delivered by the Criminal Section of the High Court of Cassation and Justice covering appeal in cassation)

:: The Source: JURIDICE.ro

Ana-Maria UDRIȘTE

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