Reiterating the criticism formed on appeal. Consequences

The High Court of Cassation and Justice ruled that the appeal is an extraordinary remedy, a method of reform, which is subject to judicial review by the judgment under appeal to the competent court for control of compliance with the rules of law, and as a result, when criticisms are not in view of the subject of the decision point of this extraordinary appeal, but with regards to the sentence pronounced by the first instance, the appeal is void because no absolution is given for the legal dispute issued by decision of the appellate court. In this case, the High Court held that the appellant-defendant had not shown in which way the appellate court decision is unlawful and had not related to its considerations, but resumed literal criticisms made during the previous trial upon which the appellate court which already pronounced itself, so that the High Court declared the defendant’s appeal as invalid. (Decision no. 3095 of November 12, 2014 I passed the Civil Appeal Division of the High Court of Cassation and Justice covering claims)

:: The source: JURIDICE.ro

Dan Alexandru NEGRU

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