Decizia Curții Constituționale a României nr. 222 din 20 aprilie 2023 referitoare la excepţia de neconstituţionalitate a dispoziţiilor art. 159 alin. (3) teza finală din Codul penal
Decision of the Constitutional Court of Romania no. 222 of April 20, 2023 regarding the exception of unconstitutionality of the provisions of art. 159 para. (3) the final sentence of the Criminal Code
Author(s): Aurelian Constantin MihăilăSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law
Published by: Universul Juridic
Keywords: crime with/without vocation for reconciliation; reading of the notification act; change of legal status; deprivation of a fundamental right;
Summary/Abstract: In the criminal process (and not only) the right to defense and the right to a fair trial represent constitutionally guaranteed rights, and the right to conciliation, in cases where the law expressly provides for this, is a fundamental right in the current criminal legislation. In the cases brought to trial, when it is ordered to change the legal classification of a crime for which the institution of reconciliation of the parties is not incident to one for which the law regulates it, the parties to the case are unjustly deprived of this right.
Journal: Revista Pro Lege
- Issue Year: 2023
- Issue No: 2
- Page Range: 132-134
- Page Count: 3
- Language: Romanian