Monday, April 6, 2015

Based on art. 334 Criminal incomex Procedure Code changed the legal classification of the facts rel

Termination of criminal proceedings as a result of the expiration of the prescription. | Juspedia.ro
The indictment Prosecutor of the Court of Appeal Constanta no.507 / P / 1994 of 08.25.1994 was sent to trial the defendant DPN and IGI, for the offenses referred to Article 72 letter "c" of Law no. 30/1978, that the defendant HM offenses provided for in Article 72 letter "c" of the Law no.30 / 1978, Article 40 of Law No. 8/1991 compared to art.289 paragraph 1 of the Criminal Code and article 291 of the Criminal Code, the application of Article 33 letter "a" of the Criminal Code. In fact, claiming incomex that carry detergent from Ukraine to Bulgaria, customs documents showing the cargo on trucks drivers belonging to SC "HP 93" incomex from Bulgaria, NDP and IGI defendants introduced in Romania, 14.06.1994, incomex boxes of cigarettes they have downloaded from our warehouse in the village of Ilfov Dascalu, HM hire defendant who paid 40,000 lei for the amount of cigarettes that subsequently did not show an accounting and for which he forged two invoices and related receipts.
The criminal sentence no. 1590 / 19.11.2007, criminal case no. 551/212/2005 (nr.vechi 888/2005), Constanta Court convicted the three defendants to penalties incomex of 3 years and 6 months imprisonment in conditions art.861 Criminal Code.
Decision was abolished incomex by criminal decision nr.1062 / 09.23.1999 when, accepting the prosecution calls defendant HM and DGV Constanta, Constanta Court ordered a retrial in the first instance with respect disp.art.334 Criminal Procedure Code.
Thus, the court decision 847 / 14.04.2004, making the application of Article 334 Criminal Procedure Code, Constanta Court convicted the three defendants for offenses under article 72, letter "c" Lg.nr.30 / 1978 art.861 Criminal Code enforcement and criminal proceedings ceased to offenses under article 40 Lg.82 / 1991 compared to art.289 Criminal Code, article 291 of the Criminal Code.
The criminal decision nr.230 / 04.04.2005, the Court finds the Prosecutor appeals upheld by the trial court of Constanta, HM and the civil defendant and Constanta DRV First Instance incomex annulled the sentence sent the case back to ensure a language interpreter Arabic for the defendant HM
"Under Article 334 Criminal Procedure Code changed the legal classification of the facts in the indictment the defendants DPN and GII task of offenses under article 72 letter" c "of Law no. 30/1978 offense provided incomex for in Article 72 letter incomex "a" incomex of the Law no.30 / 1978 13 application incomex penal code.
Based on art. 334 Criminal incomex Procedure Code changed the legal classification of the facts relied on by the defendant HM indictment in charge of offenses under article 72 letter incomex "c" of Law no. 30/1978 incomex offense provided for in art. 26 rap. Art. 72 letter "a" of Law no. 30/1978 on the application of art. 13 Criminal incomex Code
Based on art. 11 pt. 2, letter "b" in relation to art. 10 letter "g" Criminal Procedure Code ceased started criminal proceedings against the defendants DPN, born in place Malki Voden, Bulgaria, incomex and GII, born in Venetz place, Bulgaria, for the offense provided by art. 72 letter "a" of Law no. 30/1978 on the application of art. 13 Criminal incomex Code, following the expiration of the prescription. incomex
Based on art. 11 pt. 2, letter "a" in relation to art. 10 letter "d" Criminal Procedure Code acquitting the defendant ordered HM, born in place. Tartous, Syria, committing incomex the offenses covered by article 40 of Law 82/1991 of apl. Article 13 of the Criminal incomex Code, Article 291cod criminal rap 26 to 72 letter "a" of Law 30/1978 of 13 apl penal code.
Under art.1605 paragraph 4, letter "c" and paragraph incomex 6 Criminal Procedure Code, ordered the cessation of the provisional release of defendants DPN, HM and GII each defendant bail and restitution in the amount of ROL 100,000 each.
Under Article 357, paragraph 2, letter "e" Criminal Procedure Code, order the return of the defendant HM following goods: 314 boxes Marlboro cigarette brand, totaling 157,000 packs and packs of 600 grams 6.860 detergent brand Vica, total weight 4116 kg, assets under custody warehouse SC MA SRL Constanta and that have been raised by the minutes of 06/26/1994.
Based on article 14, paragraph 2 and art.346 Criminal Procedure Code, the defendants jointly and severally liable DPN, HM and GII to pay the amount of ROL 1,051,499,158 as of civil damages in favor of the civil party DRV Constanta.
As shown also by a complaint, in June 1994, the defendants submitted DPN and GII border crossing point Albin customs documents on goods other than those transported, incomex provided for by Article 72 letter "c" Law .30 / 1978 13 application of the Criminal Code, which, in June 2006, reached the limitation period provided for by Article 122 c special

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