Înalta Curte de Casație și Justiție, Secția penală, Decizia nr. 401 din 17 noiembrie 2017 (Studiu de Caz)
High Court of Cassation and Justice, Penal Section, Decision no. 401 dated 17.11.2017 (Case Law Study)

Summary/Abstract: The legal issue raised by the summary decision is that of applying the texts governing incompatibility cases in the context of their modification as a consequence of the succession in time of criminal procedure laws. More specifically, the question arises whether, as a result of the entry into force of the current Code of Criminal Procedure, the judge must abstain or not in a situation that the new law qualifies as a case of incompatibility, while under the rule of the old law the same situation does not fall within the scope of incompatibilities.

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