Appeal for annulment for the reason provided for under art. 426 letter a) of the Code of criminal procedure

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

In the context where the defendant demonstrates to the court, in appeal proceedings, the fact that he lives within the territory of another State, requesting to be summoned at his address of residence or not to be anymore summoned in the case file, this fact being equivalent to the request for being sued by default, and he court ordered his summoning at his residence; by display on the door of the court and to the abroad indicated address, and the registered letter was returned by the foreign authorities with the indication “unknown recipient” , the summoning procedure is legally fulfilled, and the appeal for annulment for the ground set forth in art. 426 letter a) of the Code of criminal procedure shall be admissible in principle, however, unfounded.