Reunirea cauzelor. Indivizibilitate. Prorogare de competenţă. Sancţiunea nulităţii. Admisibilitate

C. pen.: art. 43

C. pr. pen.: art. 33 lit. c), art. 449

Abstract

The failure to observe the obligation to join the cases is sanctioned by absolute nullity when the prorogation refers to the material and personal jurisdiction and by relative nullity when the prorogation refers to territorial jurisdiction.

Or, in the present case it is not about prorogation of jurisdiction in the sense of art. 35 of the Code of Criminal Procedure, the jurisdiction concerning wrongdoers and their actions belonging to the same court - The Tribunal of Cluj - and not to several courts of the same degree or of different degrees.

Consequently, the failure to join the cases did not affect the material, personal and/or territorial jurisdiction of the court which legally remains one and the same court, the Tribunal of Cluj, invested from the very beginning with deciding in the two cases.

Keywords: indivisibility, material...