Impactul Deciziei Curţii Constituţionale nr. 236 din 2 iunie 2020 asupra infracţiunii de mărturie mincinoasă
The impact of the Decision of the Constitutional Court no. 236 of june 2, 2020 on the crime of false testimony

Summary/Abstract: This study evaluates the impact generated by the constitutionalization of the legislative solution provided by art. 118 of the Code of Criminal Procedure by Decision no. 236 of June 2, 2020 of the Constitutional Court, which resolved in a praetorian way the problem posed by the theory of the three possibilities generated by the situation of the witness – de facto suspect. In this new regulatory context, the witness – de facto suspect is not criminally liable as a perpetrator for the crime of false testimony for statements inconsistent with the truth given, as long as, at the time of the hearing, he is in the situation of an accused within the meaning of the Convention, known by the judicial body conducting the hearing.

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