Legal opinion addressed to the High Court of Cassation and Justice regarding the effects of decriminalization of the deed in respect of which the employer filed a criminal complaint, intervening the suspension of the employee's employment contract by law
By the request addressed to the High Court of Cassation and Justice, on May 26, 2022, the holder of the complaint – the Management Board of the Galați Court of Appeal – notified the supreme court – the panel competent to judge the appeal in the interest of the law with the following issue of law: "art. 52 para. (2) of the Labour Code, reported to the Decision of the Constitutional Court of Romania no. 405/2016, finds its application also in the hypothesis of decriminalization of the deed that was the basis for the formulation of the criminal complaint by the employer, during the criminal proceedings (in the criminal investigation phase or in the trial phase), taking into account the exonerating character of the employer's contractual civil liability of the act of decriminalization of the authority, according to art. 1352 of the Civil Code? The situation envisaged is the one in which, after the criminal proceedings are settled by closing the case or, as the case may be, by acquittal, on the grounds that it is not provided for by the criminal law, the employee requests the order
Legal opinion to the High Court of Cassation and Justice on the notion of 'damage' in the case of precautionary measures taken to compensate for damage resulting from tax evasion
By the request addressed to the High Court of Cassation and Justice, on May 18, 2022, the holder of the complaint – Târgu Mureș Court of Appeal – Criminal Section and for cases with minors and family – the panel of judges hearing the appeal against the decision of the preliminary chamber judge of the Mureș Tribunal – requested the supreme court to pronounce a decision on the interpretation and application of the provisions of Art. 249 para. (5) C.pr.pen. by reference to the provisions of article 10 of Law no. 245/2005 for preventing and combating tax evasion, as amended. On July 1, 2022, on behalf of the Department of Public Law and the Department of Criminal Law within the Faculty of Law of the University of Bucharest, lawyers Prof. Simona Gherghina, PhD, Prof. Marilena Ene, PhD, and Associate Professor Andra-Roxana Trandafir, PhD sent a legal opinion by which they showed, in essence,