THE EFFECTS OF THE DECISIONS OF THE CONSTITUTIONAL COURT OF ROMANIA REGARDING THE INTERRUPTION OF THE CRIMINAL LIABILITY LIMITATION PERIOD
THE EFFECTS OF THE DECISIONS OF THE CONSTITUTIONAL COURT OF ROMANIA REGARDING THE INTERRUPTION OF THE CRIMINAL LIABILITY LIMITATION PERIOD

Summary/Abstract: The interruption of the prescription of criminal liability is regulated by the provisions of art. 155 of the Criminal Code, legal provisions that have recently been the subject of a posteriori constitutionality control, control following which the constitutional court issued Decision no. 358 of May 26, 2022. This extremely controversial decision had, in reality, the aim of clarifying by the Constitutional Court the effects of a previous decision, namely Decision no. 297 of April 26, 2018, having the same object, through which the Court admitted the exception of unconstitutionality and found that the legislative solution that provides for the interruption of the criminal liability limitation period by fulfilling "any procedural act in question", from the provisions of art. 155 paragraph (1) of the Criminal Code, is unconstitutional. This latter solution has been qualified differently by the courts and by the doctrine, which have oscillated between considering that the previously mentioned admission solution is pure and simple and the appreciation that it is an interpretive solution.

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