Some considerations on the theory of the global application of the most favourable criminal law from the perspective of the Decision of the Constitutional Court of Romania No 265/2014 Cover Image
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Câteva considerații în legătură cu teoria aplicării globale a legii penale mai favorabile din perspectiva Deciziei Curții Constituționale a României nr. 265/2014
Some considerations on the theory of the global application of the most favourable criminal law from the perspective of the Decision of the Constitutional Court of Romania No 265/2014

Author(s): Bogdan Constantin Andrei
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: transitory law; interpretation; the new Criminal Code; global application; application per autonomous institutions.

Summary/Abstract: The succession of the criminal codes has created numerous transitory situations requiring a functional system of principles to be solved. In this context, the courts have provided different solutions to some aspects related to the application of the criminal law in time, thus generating a non-unitary practice. The main cause of these contradictions was represented by the modality of determination of the most favourable criminal law. Just when it seemed that the High Court of Cassation and Justice had clarified the misunderstandings, the Constitutional Court has pronounced the Decision No 265/2014 which completely changes the situation, offering an interpretation that does not find many followers among jurists.

  • Issue Year: 2015
  • Issue No: 08
  • Page Range: 163-176
  • Page Count: 14
  • Language: Romanian
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