High Court of Cassation and Justice. Appeal in the Interest of the Law. Decision No. 3/17.02.2025

Monday, February 17, 2025, the High Court of Cassation and Justice – the Panel competent to rule on appeals in the interest of the law, legally constituted, adjudicated an appeal in the interest of the law, rendering the following decision:

By Decision No. 3/2025, the HCCJ admitted the appeal in the interest of the law filed by the Prosecutor General of the Prosecutor's Office attached to the High Court of Cassation and Justice.

In the interpretation and uniform application of the provisions of Article 207 paragraph (1), Article 222 paragraph (4), and Article 235 paragraph (1) of the Code of Criminal Procedure, it establishes that the referral with the indictment ordering the trial of the defendant subject to a preventive measure, or with the proposal to extend the duration of preventive detention or house arrest, submitted on the last day of the term calculated according to Article 269 paragraphs (1), (2), and (4) of the Code of Criminal Procedure, is not considered to have been filed within the legal deadline.

Mandatory, pursuant to the provisions of Article 474 paragraph (4) of the Code of Criminal Procedure.