Decizia Curții Constituționale a României nr. 358 din 26 mai 2022 referitoare la excepția de neconstituționalitate a dispozițiilor art. 155 alin. (1) din Codul penal
Decision of the Constitutional Court of Romania no. 358 of 26 May 2022 on the exception of unconstitutionality of Article 155 (1) of the Criminal Code

Summary/Abstract: In criminal law, prescription is a basic institution with major implications for two fundamental pillars: criminal liability and punishment. With the entry into force of the new Criminal Code, the institution has undergone a transformation, and one of the novelties that has given rise to much discussion is the interruption of the limitation period for criminal liability. More specifically, it concerns the provisions of Article 155(1) of the Criminal Code, according to which "The limitation period of criminal liability shall be interrupted by the performance of any procedural act in the case". After having ruled in 2018, admitting an exception of unconstitutionality, that the legislative solution in question, which provides for the interruption (...) by the performance of "any procedural act in the case" is unconstitutional (Decision no. 297/2018), the Constitutional Court of Romania has recently ruled that this decision was a simple/extreme one, i.e. since then there has been no legal provision allowing the interruption of the limitation period of criminal liability.

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