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The immediate application of the provisions of the New Criminal Procedure Code

The High Court of Cassation and Justice decided that the provisions of art. 3 of Law no. 255/2013 establishes the principle of immediate application of new criminal procedure law, except as provided in the wording of said Law. One of the exceptions to the principle of immediate application of the new criminal procedure law, set out in Law no. 255/2013, is found in art. 12 paragraph. (1), which states that proceedings pending the entry into force of the new law, declared against decisions which were subject to appeal according to the old law remain in the jurisdiction of that court and old law shall be judged according to the provisions relating to the appeal.
Thus, the phrase “decisions shall be dealt with under the old law regarding to appeal” ensues that the scope of the old law is restricted to the provisions of art. 385 ^ 19 ^ 1-385 of the Code of Criminal Procedure above – provisions “regarding the appeal” within the meaning of art. 12 paragraph. (1) of Law no. 255/2013.
Therefore, if appeals fall under the provisions of art. 12 paragraph. (1) of Law no. 255/2013, solving the civil action within criminal proceedings is governed by the provisions of the new criminal procedure law within civil proceedings in the criminal provisions,as such, dispositions that are not exempted from the principle of immediate application of new criminal procedure law. In these appeals, if the death of the defendant occurs, the court leaves the civil action unresolved following art. 25 para. (5) of the new Criminal Procedure Code, in relation to art. 16 para. (1) f) – regarding the death of the defendant – within the same code. (Decision no. 1136 of 31 March 2014 issued by the Criminal Section of the High Court of Cassation and Justice covering resolve for a civil action within criminal proceedings)

Also see :dezbate of 21 mai 2014, with the theme : CCR vs. ICCJ. The most favorable Criminal Law

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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