Decizia Curții Constituționale a României nr. 561 din 15 septembrie 2021 referitoare la obiecţia de neconstituţionalitate a dispoziţiilor art. I din legea pentru modificarea art. 369 din Legea nr. 286/2009 privind Codul penal
Decision of the Romanian Constitutional Court no. 561 of September 15, 2021 regarding the objection of unconstitutionality of the provisions of art. I of the law amending art. 369 of Law no. 286/2009 on the Criminal Code

Summary/Abstract: The Court notes that criminal wrongdoing is the most serious form of violation of certain social values, and the consequences of the application of criminal law are among the most serious, so that the establishment of safeguards against arbitrariness, by regulating clear and predictable rules by the legislator, is mandatory. The prohibited conduct must be imposed by the legislator even by law [meaning a formal act, adopted by the Parliament, pursuant to art. 73 para. (1) of the Constitution, as well as as a material act, with the force of law, issued by the Government, based on the legislative delegation provided by art. 115 of the Constitution, respectively ordinances and emergency ordinances of the Government], not being able to be deduced, potentially, because of the reasonings of the competent judicial bodies likely to replace the legal norms.

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