The dynamics of the Romanian law in the consistency of criminal law provisions Cover Image

Dinamica dreptului românesc în continuitatea prevederilor legii penale
The dynamics of the Romanian law in the consistency of criminal law provisions

Author(s): Mihaela Aghenitei
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: “Dynamic Law”; “retroactive; law”; “the rule”; “European Constitution”;

Summary/Abstract: Dynamic Law implies certain continuity in the laws both in content and in application. Retroactive criminal law is a bridge between past and future? What is entails? Retroactive law of an ex post facto law (from the Latin for “after the fact”), is a law that retroactively changes the legal consequences of acts committed, or facts and relationships that existed prior to the enactment of the law. In reference to criminal law, it may criminalize actions that were legal when committed; or it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed, or it may change or increase the punishment prescribed for a crime, such as by adding new penalties or extending terms; or it may alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted. Generally speaking, ex post facto penal laws are seen as a violation of the rule of law as it applies in a free and democratic society.

  • Issue Year: 2010
  • Issue No: 3
  • Page Range: 73-93
  • Page Count: 21
  • Language: Romanian