Review. Inadmissibility

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

The reviewer has not filed a final judgment establishing the existence of any offense of perjury in connection with the cause for which review is sought, nor is there any evidence that there is an impediment to the initiation or prosecution of a criminal offense (i.e. a dismissal order resulting in the impediment to initiating the criminal action or prosecuting).

Article 453 paragraph 1 letter b The Code of Criminal Procedure stipulates that a review of a final judgment may be requested when the decision whose review is requested was based on the statement of a witness who committed the offense of perjury in the case whose review is requested, thus influencing the decision. 
The false statements of the witnesses, for which they were convicted by the criminal sentence no. 686 / 21 June 2019 delivered by Tecuci Court, which remained final further to criminal decision no. 1192 / A / 24 October 2019 of the Galati Court of Appeal, were not the basis for the conviction of the reviewer, but the basis of his initial acquittal by the first instance. These false statements led to the unfair settlement of case no. 7970/121/2012 of the Galati Court, by the initial acquittal of the named X, and not at his conviction. This solution was modified in the appeal when he was convicted, with the court keeping as real the statements of the respective witnesses given in the criminal investigation phase, in which they showed that they saw how the accused kicked the victim in the head area, as it corroborates with the other evidence adduced in the case.