Prin Decision No. 3/2026, delivered in a public hearing on the date of 23 February 2026, the High Court of Cassation and Justice (HCCJ) admitted the appeal in the interest of the law concerning the regime for calculating the interest applicable to damages awarded to victims of unlawful acts, following a referral submitted by the Governing Board of the Bucharest Court of Appeal, thus putting an end to the inconsistent practice of the courts regarding the moment from which the default legal penalty interest begins to accrue.
In the unitary interpretation and application of the provisions of Article 19 para. (1) and para. (5) of the Criminal Procedure Code corroborated with the provisions of Article 1381, Article 1385, Article 1386, Article 1523 para. (2) letter e), Article 1535 para. (1) of the Civil Code and of Government Ordinance No. 13/2011, the Supreme Court ruled as follows:
Prior to this decision, there were divergent interpretations: some courts awarded interest from the date of the act, while others considered that it should be calculated only from the moment when the court decision ordering conviction/payment becomes final.
This binding decision of the High Court of Cassation and Justice is favorable to injured parties, ensuring full compensation for the damage suffered. Thus, victims will be fairly compensated for the period between the moment the damage occurred and the actual recovery of the money. Persons or entities responsible for causing the damage will be required to bear penalty interest for the entire duration of the proceedings, which may encourage faster resolution of cases or the conclusion of mediation agreements/settlements.
Summary of Decision No. 3 of 23 February 2026 – “[…]In the case of awarding material and/or moral damages for covering harm caused by the commission of an unlawful act, regardless of whether it is classified as a criminal offense, the date from which the default legal penalty interest related to the awarded damages accrues is the date the damage occurred.[…]”