Curtea de Apel Târgu-Mureș. Secția penală. Decizia nr. 519 din 25 noiembrie 2010 (Studiu de caz)
Târgu-Mureș Court of Appeal. Criminal Chamber. Decision no. 519 of November 25, 2010 (Case-Law Study)

Summary/Abstract: According to a relatively recent decision, even if the menace that form the outrage is not committed in the presence of the passive subject, it can be considered committed by means of direct communication if the third party that is transmitting the menace have a subordination relationship with the injured person, having the obligation to communicate the crime. By procedure, changing the legal classification when a case is settled on the main issue of the matter on trial on the merits is not a right solution, a possible judge incompatibility resulting by the change of the legal classification by a closing given before the final decision on the case cannot be invoked by the prosecutor as cause for appeal or remedy at law nor by the parties for the first time in appeal or remedy at law. In the end, we must conclude the wrong solutions of the case in the first and second degree of jurisdiction

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