1. Editorial Posibila neconstituționalitate a dispozițiilor art. 158 alin. (4) din Codul penal și art. 67 alin. (2) din Legea nr. 192/2006 privind medierea și organizarea profesiei de mediator
1. Editorial Potential unconstitutionality of the provisions of Art. 158 para. (4) of the Criminal Code and Art. 67 para. (2) of Law no. 192/2006 on mediation and the organization of the mediator profession.

Summary/Abstract: In the present article are analyzed, in an integrated approach – of criminal law and of constitutional law – potential grounds for unconstitutionality of the provisions of art. 158 paragraph 4 of the Criminal Code (as configured after the modification brought by Law no. 116/2025), as well as of the provisions of art. 67 paragraph 2 of the Law no. 192/2006, with emphasis on the current regime of withdrawal of the preliminary criminal complaint and its implications in the mediation domain. It assesses, inter alia, the extent to which the use of dynamic legislative reference, which could allow the automatic takeover of the modification brought to the criminal norm by the non criminal norm, meets the constitutional requirements. It is shown that the normative architecture of the legal provisions in question may lead to legal uncertainty, to a relativization of the legality of criminalization and punishment, to the undermining of the principle that justice is administered by the courts, and to the disregard of certain fundamental human rights.

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