Commercial Space as "Professional Headquarters" Under Art. 229(2)(b) Even During Closed Hours—Interpretive Ruling Admitted

The High Court of Cassation and Justice admitted the referral and ruled, in a preliminary ruling for the interpretation of criminal law, that a commercial space constituting a legal entity's point of operation qualifies as a "professional headquarters" under art. 229 alin. (2) lit. b) of the Criminal Code even during periods when public access is not permitted, provided that a "private corporate life" (viață privată societară) unfolds within it. The decision is binding from publication in the Official Gazette. The dispute arose from a question posed by the Bucharest Court of Appeal regarding whether burglary of a closed commercial premises during non-business hours triggers the aggravated offense under art. 229(2)(b) (theft committed by breaking into a professional headquarters). The Court resolved the interpretive issue by determining that the scope of "professional headquarters" extends beyond the public-facing activity time to include the internal, non-public corporate activities conducted in the space, thereby sustaining the applicability of the aggravating circumstance in such circumstances.