Major Win Before the Supreme Court: Cassation Appeal Granted for Violation of the Non Reformatio in Pejus Principle

Following a final conviction to a prison sentence, one of our law office's clients obtained the annulment of this sentence before the High Court of Cassation and Justice. The effect of the annulment of the prison sentence execution warrant, obtained before the supreme court, resulted in the immediate release of the person on trial.

Case Background

By the final decision of the Timișoara Court of Appeal, the court admitted the appeal filed by the Prosecutor's Office and ordered the defendant's conviction to a resulting sentence of 1 year and 2 months in prison, removing the initial stay of execution.

Assisted by Arsulescu & Associates, our client pursued the extraordinary appeal of cassation before the supreme court. The judgment was given in full agreement with what we requested from the High Court of Cassation and Justice.

Supreme Court Ruling

The High Court of Cassation and Justice granted the cassation appeal filed against the decision of the Timișoara Court of Appeal, quashed the contested criminal decision, annulled the prison sentence execution warrant, and sent the case back for retrial to the same court.

In the grounds for the cassation appeal, the defenses invoked for our client focused on the fact that the final conviction by the Timișoara Court of Appeal was illegal, violating the legal principle of non reformatio in pejus. This was because the appellate court applied a prison sentence despite the fact that the Prosecutor's Office had not requested such a penalty, but had instead appealed in favor of the defendant.

This remarkable result consolidates our position as lawyers specialized in Criminal Law in Timișoara, dedicated to solving complex cases. Contact Arsulescu & Associates to benefit from a dedicated team ready to defend your rights.