Scurte consid erații privind prescripția răspunderii penale în contextul deciziilor Curții Constituționale 297/2018 și 358/2022
Brief considerations on the Prescription of Criminal Liability in the context of the Constitutional Court Decisions no. 297/2018 and no. 358/2022

Summary/Abstract: The prescription of criminal liability consists in extinguishing the criminal legal relationship of conflict, as a result of its non-fulfillment within a certain term provided by law. By prescription, the criminal liability is extinguished, meaning the state's right to bring the perpetrator to criminal responsibility and to apply the punishment provided by law for the committed crime is extinguished and, at the same time, the perpetrator's obligation to bear the consequences of committing the crime is extinguished. From the point of view of the legal nature, the prescription of criminal liability is an extinguishing cause of criminal liability, determined by the influence that the passage of time exerts on the need to resort to criminal coercion. Taking into account its politico-criminal grounds, the criminal prescription appears as an institution of general application, which always operates obligatorily, and will be applied ex officio, its effects occurring from the moment of fulfillment of the prescription term (ex tunc) and not from the moment finding this fact (ex nunc).

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