The Criminal Law Between Assuming Responsibility for the Law Project and the Exception of Unconstitutionality Cover Image

Dreptul penal între asumarea răspunderii pentru proiectul de lege și excepția de neconstituționalitate
The Criminal Law Between Assuming Responsibility for the Law Project and the Exception of Unconstitutionality

Author(s): Tiberiu Viorel POPESCU
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law
Published by: Universul Juridic
Keywords: Law; Criminal Law; Criminal Procedural Law; Constitutional Law;
Summary/Abstract: Law 286/2009 on the New Penal Code and Law 135/2010 on the New Penal Procedure Code were adopted by assuming the Government's responsibility for the draft law. The appearance of the normative acts has produced numerous changes in the legislative plan, which have not been avoided by some inadvertents, omissions or terminological errors in the field of the pursuit and sanctioning of the different types of crimes. The remedy for the deficiencies found in the active legislative fund is made through an appeal in the interest of the law by the High Court of Cassation and Justice, which gives a general „interpretation” to a matter solved differently by the courts, or by solving an exception of unconstitutionality. to the Constitutional Court, legally notified, when considering the enactment of a normative act in accordance with the fundamental law. In the latter case, the Constitutional Court had an important role in shaping the law after the entry into force of the two mentioned codes.