Extrădare. Condiţia dublei incriminări în ipoteza succesiunii de legi penale
Extradition. The condition of double criminality in the hypothesis of the succession of criminal laws

Summary/Abstract: This study concerns the issue of which criminal law that, when laws change over time, the requested state must take into account to determine whether or not the condition of double criminality in the matter of extradition is met. The author highlights the different approaches of the jurisprudence of national courts. The cause for these differences is generated by the omission of the Romanian legislation to regulate this issue. Contrary to other opinions expressed by the doctrine, the author believes that, at this moment, the Romanian legislation does not allow the identification of a unitary rule on the matter under discussion, as the law to be applied is identified only by adapting to each of the international treaties to which Romania is a party. Thus, in some situations, in order to verify the double criminality, it is solely sufficient to take into consideration the criminal law from the moment the extradition request is determined, while in other cases, the rendition of the offenders is allowed only under the condition that the Romanian law criminalized the act both at the time of its commission abroad as well as at the time of the extradition of the person.

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