C.A. Bucureşti, Secţia a II-a penală, Decizia nr. 41 din 20 ianuarie 2015 (Jurisprudență comentată)
București Court of Appeal, Decision no. 41 dated 20.01.2015 (Case Law Study)

Summary/Abstract: The appeal against enforcement of execution case provided for by art. 598 paragraph (1) letter (d) final tenet of the Penal Procedure Code (any other cause for punishment attenuation) is likewise incident in the eventuality in which an investigated individual for the commission of infractions related to drug trafficking or international drug trafficking has submitted a denunciation prior to the judgement of a remedy of law, but, which could not be capitalized on till its resolve. In precisely such situations, the position in which the defendant finds himself is inequitable, the lapse in the application of the punishment attenuation provided for by article 19 of the Law 682/2002 being without any nexus with his attitude and behaviour, especially considering the conditions in which the remedy of law was given resolve in over one year since the moment of the denunciation. Nevertheless, in the procedure of the appeal against enforcement of execution it can not fo forth with a new trial of the case, the court being forced to give effect to the punishment attenuation provided for by article 19 of the Law 682/2002 by considering exclusively only the principle of legality.

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