A panel of the Supreme Court for settling legal issues has established that, in the case of a person who commits theft with a sanitary mask, in a space where the wearing of a mask is mandatory, the courts will apply to conviction the aggravating form of the crime.
The Supreme Court was notified by the Bucharest Court of Appeal - Criminal Section II for a preliminary ruling in order to settle the following issue of law: "In the situation where the crime of theft is committed by a person wearing a mask, in a space where the wearing of a mask is mandatory, is the aggravating form of the crime of theft provided by the provisions of art. 228 paragraph (1) - art. 229 paragraph (1) letter c) of the Criminal Code considered?", Agerpres.ro informs.
The complaint was made in a case under appeal, in which a man, Marius Frangolea, a repeat offender, was sentenced in September 2021 by the District 3 Court to one year in prison for theft.
On appeal, the thief requested through his lawyer that the judges change the legal classification of the deeds, from the crime of aggravated theft to simple aggravated theft, on the grounds that the aggravating form of the crime cannot be retained because he was forced to wear a protective mask in the store.
Finally, the High Court of Cassation and Justice admitted the referral to the Bucharest Court of Appeal and established that the wearing of a protective mask by a person committing a theft entails the application of the aggravating form of the crime.
The decision of the High Court is binding and will be enforced by all courts in Romania.