Criminal appeal. Reinstatement within the declaration period. Unlawful communication of the minute. The good cause of foreclothing

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

Reinstatement within the time limit of appeal is the institution on the basis of which the appeal declared after the expiry of the legal term is considered as formulated within the time limit if the delay in exercising the appeal was due to a solid cause of prevention, consisting of an impossibility not attributable to the party and the application for appeal was made no later than 10 days after the end of the solid cause of prevention.

According to the provisions of art. 108 para. 2 lit. b) C. pr. pen., the suspect and the defendant have the obligation to announce in writing, within 3 days, any change of address, drawing his attention to the fact that, in case of failure to comply with this obligation, the summonses and any other documents communicated at the first address remain valid and are considered to have taken them into their knowledge.

The solid cause of the foreclothing consists either in the existence of the fortuitous case or force majeure or in the existence of another cause which put the holder of the right of appeal in a position where he could not act in accordance with his interests and without which he would have acted in accordance with those interests.