High Court of Cassation and Justice. Lack of appeal, following the decision to close the case, in the case of obtaining traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 152 of the Criminal Procedure Code.
At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division referred the matter to the Constitutional Court for constitutional review on the grounds of unconstitutionality of the provisions of Article 152 of the Criminal Procedure Code, as they do not regulate an appeal, following the decision to close the case, in the case of obtaining traffic and location data processed by providers of public electronic communications networks or providers of electronic communications services to the public. In support of the exception, we have raised the constitutional standard on interference with the right to privacy, highlighted in particular by Decisions No 244/2017 and 421/2020, as well as the case law of the European Court of Human Rights and the Court of Justice of the European Union.
House search. Exception of unconstitutionality. Lack of judicial review of the act by which the search was ordered and of the manner in which the search was carried out.
At our request, the preliminary chamber judge of the High Court of Cassation and Justice - Criminal Division has referred the matter to the Constitutional Court for constitutional review, with the exception of unconstitutionality of Article 158 para. (9) and art. 159 of the Code of Criminal Procedure. As in the case of computer searches, the exception concerns the situation of the person subject to this evidentiary procedure who, during the criminal proceedings or after the closure of the case, is not able to submit to the legality control either the conclusion by which the search was authorised or the manner in which it was carried out. In support of the exception, I have raised the constitutional standard on interference with the right to privacy, as highlighted in particular by Decision No 244/2017, as well as the case law of the European Court of Human Rights and the Court of Justice of the European Union.
High Court of Cassation and Justice. Computer search. Lack of appeal, following the decision to close the case, for the person subject to the search, who had no standing in the criminal proceedings. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 168 of the Criminal Procedure Code.
The High Court of Cassation and Justice - Criminal Section has admitted the request for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of Article 168 of the Criminal Code. In essence, the objection was based on the fact that the legal provisions in question do not allow a person who has been subjected to a computer search and who did not have a status in the case, to submit to a posteriori legality control the decision authorising the computer search and the manner in which it was carried out. In support of the exception, the constitutional standard on interference with the right to privacy, highlighted in particular by Decision No 244/2017, and the case-law of the European Court of Human Rights and of the Court of Justice of the European Union, were raised.
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.
Computer search. Lack of access to suspect. Referral to the Constitutional Court of the exception of unconstitutionality of the provisions of Article 168 of the Criminal Procedure Code.
On 31 August 2023, the Buzău Court - Criminal Section admitted the request for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of Article 168 C.pr.pen. In essence, the exception was based on the fact that the legal provisions in question do not allow the person who is a suspect to submit to a posteriori legality control the decision to carry out a computer search. In support of the exception, the constitutional standard on interference with the right to privacy, highlighted in particular by Decision No 244/2017, and the case-law of the European Court of Human Rights and the Court of Justice of the European Union, were raised.
High Court of Cassation and Justice. Referral to the Constitutional Court. Persons who can appeal in cassation. The case of appeal in cassation provided by art. 438 para. (1) point 12 C.pr.pen.
On 18 October 2022, the High Court of Cassation and Justice - Criminal Section admitted the application for referral to the Constitutional Court with the exception of unconstitutionality of the provisions of art. 435, 436 para. (1) and 438 para. (1) point 12 C.pr.pen., exception invoked in relation to the provisions of Article 16 para. (1), Articles 21 and 44 of the Constitution, respectively Articles 6 and 13 of the European Convention on Human Rights, as well as Article 1 of Protocol No 1. 1 to the Convention. In essence, the exception took into account the fact that the legal provisions criticised do not allow other criminal sanctions to be challenged – in this case, extended confiscation – by means of an appeal in cassation and thus do not allow the rectification of errors of law which led to the ordering of that security measure, while limiting the access of other interested persons (the owners of the seized assets extended) to that remedy, although, to be able to