Sesizare pentru dezlegarea unei chestiuni de drept. Proces penal. Privare de libertate
Referral for resolving a legal matter. Criminal trial. Deprivation of liberty

Summary/Abstract: In the interpretation and application of the provisions of art. 539 of the Criminal Procedure Code, against the effects of the Constitutional Court Decision no. 136 of March 3, 2021, in the event of a deprivation of liberty during the course of a criminal trial completed by a final solution of acquittal, without the illegality of the deprivation of liberty measure having been established in accordance with Decision no. 15 of September 18, 2017 of the High Court of Cassation and Justice - The panel competent to judge the appeal in the interest of the law, the acquittal solution, according to art. 16 para. (1) let. a)-d) of the Code of Criminal Procedure, is sufficient by itself for granting compensation to the person deprived of liberty and, subsequently, aquittal. In this context, the "unfair/unjust character of the custodial measures", respectively the "unfoundedness of the accusation in criminal matters" constitute independent criteria that entitle the person in question to reparation of the damage and that extend the scope of application of the provisions of art. 539 of the Criminal Procedure Code.

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