Application of the statute of limitations in light of the case-law of the Romanian Constitutional Court and of the High Court of Cassation and Justice Cover Image
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Aplicarea instituţiei prescripţiei răspunderii penale din perspectiva jurisprudenţei Curţii Constituţionale a României şi a Înaltei Curţi de Casaţie şi Justiţie
Application of the statute of limitations in light of the case-law of the Romanian Constitutional Court and of the High Court of Cassation and Justice

Author(s): Sergiu Bogdan, Laurentiu Vasile Negrean
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: statute of limitations of criminal liability; Decision no. 358/2022; Decision no. 297/2018; appeal for annulment; more favourable criminal law;

Summary/Abstract: The statute of limitations of criminal liability has recently become one of the main topics of debate in the Romanian legal environment. With the publication of the Romanian Constitutional Court's Decision no. 358/2022, issues related to the application of the statute of limitations started to appear in the judicial practice. Approximately one year after the publication of Decision no. 358/2022 of the Romanian Constitutional Court, the authors intend to analyse through this article the main problems identified in the judicial practice with reference to this matter. The present study also aims to analyse the legal problems related to the application of the statute of limitations in the procedure of the appeal for annulment.

  • Issue Year: 2023
  • Issue No: 01
  • Page Range: 9-26
  • Page Count: 18
  • Language: Romanian