THE ROLE OF THE CONSTITUTIONAL COURT OF ROMANIA IN THE CONSTITUTIONALIZATION OF CRIMINAL LAW
THE ROLE OF THE CONSTITUTIONAL COURT OF ROMANIA IN THE CONSTITUTIONALIZATION OF CRIMINAL LAW

Summary/Abstract: This paper aims to approach in a synthetical manner the evolution of criminal law, shaped by the historic decisions of the Constitutional Court of Romania, which, in light of the contemporary society’s need for morality and justice, acts as modeller of the contextual criminal law norms. We live in an unprecedented legal reality in which the Constitutional Court responds to an acute need of normality, a need of a judicial system tributary to a rapid modernization during which the legislator of both the criminal code and the criminal procedure code introduced, in a faulty manner, criminal institutions from different legal systems, but which lack a unitary vision. For instance, in theory, the purpose of the preliminary chamber procedure is that of protecting the suspect’s right to defense, enjoyed by him during criminal prosecution, but which was proved inefficient in practice, the author of this study considering it a formal and not an effective procedure.

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