REFLECTIONS ON DECISION NO 232 OF 2023 OF THE CONSTITUTIONAL COURT OF ROMANIA
REFLECTIONS ON DECISION NO 232 OF 2023 OF THE CONSTITUTIONAL COURT OF ROMANIA

Summary/Abstract: Since its entry into force, the current Penal Code has been the subject of continuous revision activity, with practitioners particularly interested in imposing certain changes to correct certain deficiencies or to cover a number of gaps present in the text of law.In order to achieve the above, the intervention of the Constitutional Court of Romania was often necessary, which, through its decisions, managed to ensure a balance in the criminal law system acting in our country.Even if the offense of threat involves an incriminating text that does not involve great difficulties in interpretation, due to the numerous practical cases under which it can be encountered, different perspectives were outlined that supported a rethinking of the law text, so that it corresponds to certain standards in the matter.The social and other implications of committing a threatening act are very complex, so understanding the incriminating text requires an extensive study process in order to ensure an effective application of the legal provisions.The corrections of the constitutional court appear to be not only mandatory, but also necessary, as a wrong application of the legal norms is prevented in the future, manifested by ordering different solutions in similar cases. In those cases where the Court's decisions are not admissible for the submissions made, most of the time the subject of the submission will form a subject for expert criticism.

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