Appeal on points of law is an extraordinary appeal that ensures consistent interpretation and application of criminal law and criminal procedure throughout the country.
Decisions are adopted by the Criminal Justice Panel of the Supreme Court reasoned on reasoned request of the:
• President of the Supreme Court,
• President of the Criminal Justice Panel of the Supreme Court.
• Attorney General.
• President of the Bar.
Decisions on applications for appeal on points of law are mandatory from the date of delivery and have no effect on decisions already settled by final judgment.
Legal basis: art. 465¹-465³ of the Criminal Procedure Code

For a correct and uniform application of the law, The Supreme Court of Justice generalizes ex officio case-law in certain categories and adopts explanatory decisions on the correct application of the rules of law and fair settlement of civil cases.

Explanatory decisions are adopted by the Plenum of the Supreme Court.The application of the judgments is optional for the courts.

Legal basis: Art. 1 of. 2 and art. 16 letter. “C” of the Law. 789 of 26.03.1996 on the Supreme Court
• Art. 17 Code of Civil Procedure
• Art. 7 Code of Criminal Procedure

The advisory opinions of the Plenum of the Supreme Court’s constitutes a mechanism to provide uniform application of the law in civil matters. If during the trial of the case, the court is attesting difficulties regarding correct application of substantive or procedural law, it asks the Supreme Court of Justice, ex officio or at the request of participants in the process to issue an advisory opinion on how to implement the law. Advisory Opinions are published on the website of the Supreme Court and are mandatory for all courts. By issuing the advisory opinion of the Supreme Court of Justice, the proceedings are suspended. Advisory opinions are adopted by the Plenum of the Supreme Court under Art. 12 ² of the Code of Civil Procedure and art. 16 letter. “D” of the Law. 789 of 26.03.1996 regarding the Supreme Court.

Recommendations of the Supreme Court are a rapid response mechanism to difficulties encountered in the implementation of legislation. Recommendations are emitted ex officio by the Supreme Court, having advisory purpose.

textbook on Criminal Procedure Law

Supreme Court of Justice case-law in criminal matters (2008-2010). Selection