Referral to the Constitutional Court. Lack of a ground of appeal in cassation consisting in the wrongful conviction of the defendant, even though the statute of limitations had expired and that fact had been raised during the appeal.
On 25 October 2023, the High Court of Cassation and Justice referred to the Constitutional Court, at our request, the exception of unconstitutionality of Article 438 para. (1) C.pr.pen., as the legal provisions in question do not allow for an appeal in cassation in the event that the criminal proceedings were not wrongly terminated, even though the grounds for termination were examined by the court of appeal.
Complaint closed. Admissibility. Abuse of service and failure to report
On 13 October 2023, our company obtained the cancellation of the decision to close the case and the referral of the case to the Public Prosecutor's Office for the completion of the criminal proceedings, in a case concerning alleged inhuman and degrading treatment. The victim is a severely disabled person who has spent her entire life in the state protection system and has suffered several injuries in circumstances that were not clarified in the investigation that was initially closed. Representation in this case was provided by Ms Av. Mihaela Ghirca-Bogdan.