Inadmissibility of notification to the High Court of Cassation and Justice in order to obtain some preliminary rulings on matters of criminal law
Inadmissibility of notification to the High Court of Cassation and Justice in order to obtain some preliminary rulings on matters of criminal law

Summary/Abstract: The introduction in the Code of Criminal procedure of a new legal institution, which has consolidated the mechanism of providing consistent legal practice consisting in notification of the High Court of Cassations and Justice in order to give a prior decision for solving some matters of law gives through means of the court resolutions rendered, consistency to the process of interpreting and application of legal dispositions of criminal nature that were the object of such a notification. This new legal institution has led to a relatively large number of jurisprudence cases by offering solutions for admitting the complaints formulated, but also solutions for rejecting some complaints as inadmissible. The solution of rejection as inadmissible of the notification, might bring us to the conclusion that there appear negative consequences over the process of uniformization of legal practice, which cannot be sustained, as decisions from the supreme court, on the considerations exposed have highlighted what exactly has determined the ruling of such a decision, imposing a need for a careful conduct on behalf of the court of notification regarding the way in which the question is formulated and a more careful analysis of the conditions stipulated in the paragraph 475 from the Code of Criminal Procedure. The existence of a jurisprudence of the judge panels for solving legal matters regarding the rejection solution, as inadmissible of the notification of the High Court in the period May 2014 - May 2017 has been a preoccupation for us and it is at the core of the present study, with the goal of contributing to the improvement of the process of ensuring a consistent legal practice.

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