Termenul de declarare a apelului. Neîndeplinirea procedurii de comunicare a hotărârii. Consecinţe

The term for declaring the appeal. Failure to comply with the decision communication procedure. Consequences

Abstract

According to the provisions of art. 407 par. (1) C. pr. pen., after the pronounciation, a copy of the minute of the decision is communicated to the prosecutor, to the parties, to the injured person and, in case the defendant is arrested, to the administration of the place of detention, in order to exercise the appeal.

In this case, the decision of the background court was communicated at the defendant's residence and not at the Penitentiary, where the defendant was detained, in which case the institution of the restitution within the term of appeal is not incident, according to art. 411 par. 1 Penal pr. Code. This, since, according to this article, the appeal declared after the expiry of the term provided by the law is considered to be made in time, if the appeal court finds...