Inadmissibility of preliminary reference on constitutive elements of Article 336(1) Penal Code offense

The Supreme Court of Romania dismissed as inadmissible the preliminary reference submitted by the Ploiești Court of Appeal, thereby leaving the lower court’s procedural posture unchanged without resolving the substantive legal question. The dispute concerned a reference to the Enlarged Bench for clarifying the constitutive elements of the offense defined in Article 336(1) of the Penal Code, specifically addressing issues within a criminal matter involving minor and family causes. The decision was grounded in the procedural requirement that references for the unification of case law or clarification of legal interpretations must be admissible under the relevant provisions governing the jurisdiction and competence of the Enlarged Bench, with the court finding the specific conditions for such a preliminary ruling were not met.