Rolul Înaltei Curţi de Casaţie şi Justiţie în situaţiile tranzitorii în succesiunea legilor penale
The Role of the High Court of Cassation and Justice in Transitional Situations in the Succession of Criminal Laws

Author(s): Ion Ifrim, Matei-Shilbaya Mihaela
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: High Court of Cassation and Justice; new criminal code; resolution of criminal law issues; previous criminal code;
Summary/Abstract: As is well known, in the practice of our supreme court, as in the case of other courts, some issues have arisen regarding the transitional situations in the succession of criminal laws. Thus, in this paper, the authors analyze in detail the transitional situations; transitional provisions; interpretive laws; the principle of extra activity of the criminal law; mitior lex; lex tertia; difficulties in determining the more favorable law in relation not only to the main punishments, but also to the complementary punishments that accompany the main punishments; the optional application of the more favorable law after the decision remains final; the application of the more favorable criminal law after the final judgment of the case; temporary laws (actual temporary laws and exceptional laws); safety measures; prescription.

• Details
• Contents