ÎNCETAREA PROCESULUI PENAL ÎN LEGĂTURĂ CU EXPIRAREA TERMENULUI DE PRESCRIPȚIE
CESSATION OF CRIMINAL PROCEEDINGS IN CONNECTION WITH THE EXPIRATION OF THE STATUTE PERIOD

Summary/Abstract: The efficiency of combating crime is conditioned by the promptness with which the state reacts to the commission of crimes. However, with the passage of a significant period of time, the application of punishment loses its social justification and preventive purpose. National legislation clearly establishes the procedures for terminating the criminal trial in the event of the statute of limitations, including the essential condition of the defendant's agreement. Legal provisions and doctrinal interpretations highlight two scenarios: the statute of limitations established at the preliminary hearing stage and the statute of limitations established at the stage of examining the merits of the case. It also highlights the existence of inconsistencies between the rules of substantive law and those of procedural law, which must be resolved in favor of the defendant.

• Details
• Contents