Criminal liability prescription. Constitutional Issues Cover Image

Prescripția răspunderii penale. Probleme de constitutionalitate
Criminal liability prescription. Constitutional Issues

Author(s): Versavia Brutaru
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: Prescription of criminal liability; more favorable law; terms; special prescription

Summary/Abstract: The prescription of criminal liability consists in extinguishing the criminal legal relationship of conflict, as a result of its non-fulfillment within a certain period provided by the law. By prescription, criminal liability is extinguished, also the right of the state to prosecute the offender and to apply the punishment stipulated by the law for the offense committed and the obligation of the perpetrator to bear the consequences of committing the crime.Achieving the purposes of punishment, re-educating the convict and general prevention is best done if its implementation and execution takes place in a timely manner, that is, it intervenes in a shorter time and as close as possible to the moment of committing the offense, and execution of the punishment as soon as possible after the conviction.On the other hand, it can be argued that the prescription of criminal liability is an institution through which the owner of the criminal action - the state, which proved to be ineffective - is indirectly sanctioned. This argument, of course, can not be considered in the case of particularly serious crimes such as genocide, crimes against humanity and war and murder. In relation to these crimes, there are international treaties that the signatory states have obliged to declare them imprescriptible.

  • Issue Year: 2017
  • Issue No: 3
  • Page Range: 330-359
  • Page Count: 29
  • Language: Romanian
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