Stop-cadru al instituției întreruperii cursului prescripției răspunderii penale, la intersecția dintre principiile doctrinei clasice și jurisprudența Curții Constituționale
Freeze-frame of the institution of the interruption of the prescription of criminal liability, at the intersection between the principles of classical doctrine and the jurisprudence of the Constitutional Court

Summary/Abstract: In the Romanian legal system, the publication of the Constitutional Court Decision no. 297/2018 triggered debates regarding its effects, starting from its nature. A simple decision or an interpretative one? Legislative void or the application of art. 155 para. (1) of the Criminal Code, in the form validated on the grounds as being constitutional? In largely case law, characterized by the existence of a tolerable divergence that the domestic legal order had the ability to resorb, it was decided that in the corroborated application of the determination and considerations of DCC no. 297 of April 26, 2018, the provisions of art. 155 para. (1) of the Criminal Code remain within the active fund of the legislation and continue to produce effects, in the sense that the only acts of interruption of the prescription of criminal liability are those communicated to the suspect or defendant. Establishing the extreme nature of the Constitutional Court Decision no. 297/2018, as a sanction for the passivity of the legislator to appropriate the constitutional behavior indicated in its considerations, by the Decision of the Constitutional Court no. 358/2022, the constitutional control court ruled on the absence from the active fund of the legislation of the cases of interruption of the prescription course during 25.06.2018 - 30.05.2022. Decision no. 358/2022 of the Constitutional Court thus determined in judicial practice, the resumption of debates regarding the interruption of the prescription: criminal law institution or criminal procedural law institution? Is it incident to the principle of the more favorable criminal law provided by art. 5 of the Criminal Code or the application of the tempus regit actum principle? The legal nature of the prescription as a criminal law institution, as well as the prohibition of analyzing the prescription of criminal liability by combining two laws, one belonging to the criminal procedural law applicable to the cause (the interruptive act) and one belonging to the material law applicable to the effect (the interruption of the course of prescription) were ruled by Decision no. 67 of October 25, 2022 of The High Court of Cassation and Justice, the Panel for resolving legal issues in criminal matters.

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