Practică judiciară neunitară. Mijlocul procedural de înlocuire a legii penale mai favorabile reținute în actul de trimitere în judecată
Non-unitary judicial practice. The procedural means of replacing the more lenient criminal law from the indictment

Summary/Abstract: Regarding the application of the more lenient criminal law, according to article 5(1) of the Criminal Code, the question arose whether the application of the more lenient criminal law in the sense of retaining another criminal law than the one indicated in the indictment: (i) constitutes a change in the legal classification, which makes it necessary to apply the provisions of article 386 of the Criminal Procedure Code (which requires its establishment by an intermediate judgment, and not by final decision), or (ii) represents a new legal qualification, referred to in article 49(2) of the Criminal Procedure Code, which makes it sufficient the calling into question of the applicable more lenient criminal law and the mention in the operative part of the judgment of the provisions of article 5(1) of the Criminal Code. The article presents the different jurisprudential opinions on this issue, illustrated with extracts from courts decisions, accompanied by the author commentaries.

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