The Effects of the State of Emergency/Alert with Regard to the Statute of Limitations for Criminal Liability Cover Image

The Effects of the State of Emergency/Alert with Regard to the Statute of Limitations for Criminal Liability
The Effects of the State of Emergency/Alert with Regard to the Statute of Limitations for Criminal Liability

Author(s): Mircea Mugurel Șelea
Subject(s): Politics, Criminal Law, Security and defense
Published by: Editura Universitaria Craiova
Keywords: state of emergency; statute of limitations for criminal liability; adjournment; right of defence; trial;

Summary/Abstract: In the Decree no. 195/2020 issued by the President of Romania by which the state of emergency was declared it was shown that in the cases where preventive measures have been taken, the trial is not adjourned. However, due to the restrictions imposed on the postal and passenger transport services, those cases could not be solved and no judicial inquiry could be conducted in the absence of the possibility of producing evidence. The statute of limitations for criminal liability was suspended only in the cases where the course of the criminal proceedings was suspended. Thus, although a period of time elapsed during which the cases could not be resolved, the statute of limitations for criminal liability continued to run, without the judicial bodies being able to order measures to shorten the period of inactivity.

  • Issue Year: 2021
  • Issue No: 69
  • Page Range: 73-83
  • Page Count: 11
  • Language: English