Eroarea de drept și eroarea de procedură cu referire la căile extraordinare de atac în materie penală și la instituția încetării procesului penal
Error of law and error of procedure with regard to extraordinary remedies in criminal matters and the institution of termination of criminal proceedings

Summary/Abstract: The importance of extraordinary remedies in criminal matters is all the more topical and prominent in the more than known, discussed and rediscussed context caused by the famous Decisions of the Constitutional Court no. 297 of 26 April 2018 and no. 358 of 26 May 2022, as well as by Decision no. 67 of 25 October 2022 of the High Court of Cassation and Justice, all with reference to the institution of the statute of limitations of criminal liability.The extraordinary remedy on which the declarant will stop is of major importance given that its success may depend, among other things, on the freedom of a natural person or the existence of a legal person.This article tries to analyze some landmarks according to which a delimitation can be made as accurately as possible between the error of law (legal) and the procedural error in the context in which it is very likely that we will witness various more or less self-interested misinterpretations of these notions precisely in order to divert one or the other from their natural meaning established in time by doctrinal or judicial means.In this context, the institution of termination of the criminal process goes through, with its consequences, practically all the extraordinary remedies, influencing in various ways their initiation or completion. Its importance also from the point of view of its impact among extraordinary remedies is therefore undeniable, requiring a more thorough investigation of the types of errors that may lead to their formulation.

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