Despre prescripție, fără preconcepție
About prescription, without preconception

Summary/Abstract: With the issuance, on May 26, 2022, of the announcement of the Constitutional Court, regarding the declaration of the unconstitutionality of art. 155 para. (1) of the Criminal code (the remaining part after Decision no. 297/2018 of the Constitutional Court), continuing with the adoption of GEO no. 71/2022 and especially with the publication of Decision no. 358/2022 of the Constitutional Court in the Official Gazette of Romania (June 9, 2022), the local legal environment became really “effervescent”, a state which, almost instantly, spread like a shockwave throughout society, mainly due to the incidence of possible effects on well-known persons involved in criminal judicial affairs. In this context, with tumultuous accents, in the discussions held by professionals and amateurs, multiple legal issues related to the application of the Constitutional Court’s Decisions no. 297/2018 and no. 358/2022, both in terms of pending criminal cases and in relation to those that have been definitively resolved were launched and analysed. To facilitate access to information, we will first present a concise version of the problems and how to solve them, and then we will present them in more detail.

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