Probleme de practică judiciară privind cazul de recurs în casație prevăzut de art. 438 alin. (1) pct. 8 din Codul de procedură penală
Problems of judicial practice in the case of appeal in cassation provided by Article 438 (1) point 8 of the Criminal Procedure Code

Summary/Abstract: According to the provisions of Article 260 paragraph 2 of the Criminal Code of 1968 [Article 273 (3) of the Criminal Code], both the „active” false testimony (the situation in which the witness gives false statements) and the „passive” false testimony (in which case the witness does not say everything he knows about essential circumstances he was asked) may be withdrawn, with the mention that, in the latter case, the witness must provide full and real details, which he perceived directly, which were essential and of which he was asked.In order to constitute a cause of non-punishment, the withdrawal of the false testimony must be carried out in the case in which it was given, and not in the case in which the criminal prosecution is conducted or in which the offence of false testimony is examined.

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