ANALYSIS REGARDING APPLICATION OF THE CONTRAVENTIONAL LAW IN TIME THROUGH THE PRISM OF THE CONSTITUTIONAL COURT JURIDPRUDENCE Cover Image

ANALIZĂ REFERITOARE LA APLICAREA ÎN TIMP A LEGII CONTRAVENTIONALE PRIN PRISMA JURISPRUDENȚEI CURȚII CONSTITUȚIONALE
ANALYSIS REGARDING APPLICATION OF THE CONTRAVENTIONAL LAW IN TIME THROUGH THE PRISM OF THE CONSTITUTIONAL COURT JURIDPRUDENCE

Author(s): Mihai Raul SECULA
Subject(s): Constitutional Law, Court case
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: application of law; contravention; Constitutional Court;

Summary/Abstract: The doctrine is not uniform as regards the meaning of the expression decriminalizing law or decriminalizing law. The incidence of the contravention law that no longer provides for the deed as a contravention must be analysed on the one hand from the point of view of the study of the conflict contravention report, and on the other hand depending on the species of sanctions, contraventions. We can distinguish here three moments: the process is in progress; the process has been completed and the execution of the sanction has not yet been extinguished; the offender executed the sanction. According to art. 12 para. (2) of O.G. 2/2001, if the sanction provided in the new normative act is lighter, it will be applied. If, from the commission of the contravention and until the finding or irrevocable judgment of the case, one or more contravention laws have intervened, the more favourable law shall apply.

  • Issue Year: 2020
  • Issue No: 2
  • Page Range: 107-126
  • Page Count: 20
  • Language: English, Romanian