Obsolescence. Conditions. Fault of the party in leaving the case unresolved

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The injured party was not aware of the decision rendered in the criminal case and had no opportunity to request the case to be reopened, as evidenced by the fact that the Court ordered the case to be reopened and carried out checks prior to summoning the parties regarding the status of the criminal case, with the Public Prosecutor's Office sending a reply on 5.04.2021, and in this regard also sending the ruling No .../2020. The summons to the parties to discuss the conditions of the case obsolescence was made according to the resolution of 12 May 2021 on 14.05.2021, from this moment onwards it can be considered that the person interested in the resolution of the case remained passive, since he was summoned by the court to discuss the case obsolescence, in order to be able to verify the status of the criminal case and to possibly request the civil case to be reopened.