Probleme de drept penal din practica Parchetului de pe lângă Curtea de Apel Târgu Mureş şi a parchetelor aflate în circumscripţia acestuia în trimestrul I al anului 2017
Criminal law and criminal procedural law issues in the practice of the Prosecutor's Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, in the first trimester of 2017

Summary/Abstract: The article is comprised of eight Criminal Law and Criminal Procedural Law issues which arose in the case law of the Prosecutor's Office attached to the Târgu Mureş Court of Appeal and the prosecutor’s offices under its jurisdiction, in the first trimester of 2017. 1. If two criminal fines are imposed for two offenses, the criterion for identifying the most severe fine is the amount of the two punishments, obtained by multiplying the number of days-fine with the amount corresponding to a fine-day. The heaviest punishment is the fine whose amount is higher, not the fine which implies a higher number of days-fine, nor the fine which implies a bigger amount corresponding to a day-fine. 2. If the person convicted to pay a criminal fine does not execute this punishment and, being legally summoned, does not appear at the examination of the application for the replacement of the fine with the obligation to provide unpaid community service or does not communicate in writing a consent for the replacement, the executing court, by accepting the request of the delegate judge for execution, replaces the days-fine with a corresponding number of imprisonment. 3. The consequences for the violation of the obligation not to drive certain vehicles established by the court during the probation period corresponding to the postponement of the punishment are both the postponement of the punishment revocation and the commission of the offense of driving a vehicle without a driving license, by driving on the public road of a vehicle by a person to whom the exercise of the right to drive has been suspended. 4. Is it legally correct for a court, at the first trial date, not to read the indictment act, nor to hear the defendant, but, instead, even though the citation procedure was legally fulfilled, to establish a period of time for reconciliation. The reconciliation may also occur in the appeal procedure, only if the first instance fails to order the reading of the indictment act. 5. Nowadays, the act of driving an unregistered or unlicensed agricultural or forestry tractor on the public road is not the offense of driving an unregistered vehicle on the public road, nor the offense of driving a vehicle on the public road without a driving license. 6. The right of the parties, the main procedural subjects, and their attorneys to consult the case file, by examining the existing acts, shall be exercised between an initial limit, given by the commencement of the investigation phase, and a final limit, given by the end of the investigation phase. 7. The power to correct the material errors or to remove the obvious omissions, errors or omissions in a criminal prosecution act performed by a prosecutor from a hierarchically superior prosecutor's office, who took the case in order to carry out or supervise the criminal prosecution, belongs to the prosecutor who performed the act, not to the prosecutor from the prosecutor's office attached to the court which hears the case.8. If a criminal action is put in motion against a convicted person, before resolving his or her rehabilitation request, its examination shall always be suspended. The rehabilitation request is never rejected for this reason. Hopefully, given the subject and the method used, the material will prove useful, by providing solutions and conclusions on the issues that we have faced in practice, issues that other criminal law practitioners may have encountered in their own professional activity.

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