Short critical analysis of the recent legislative proposal for criminalizing a new form of escape in Romania Cover Image

Scurtă analiză a propunerii legislative ce incriminează o nouă formă de evadare în România
Short critical analysis of the recent legislative proposal for criminalizing a new form of escape in Romania

Author(s): Simona Franguloiu, Nicoleta-Elena Heghes
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Editura Universităţii George Bacovia din Bacău România
Keywords: escape; new criminalization; retroactivity of criminal law; principle of the legality of criminalization; constitutional conformity control; international judicial cooperation;

Summary/Abstract: The legislative proposal recently adopted by the Romanian Legislator and subject to a priori constitutionality review, following the decision adopted on 5th December 2023 by the Supreme Court, raises issues that require debates both from the perspective of substantive law and criminal procedure, including from the perspective of EU law and respect for the rights and freedoms enshrined in the ECHR and the Charter of Fundamental Rights of the European Union, which has equal value to the Treaties. The present scientific approach is concerned only with the analysis from the perspective of substantive law, while the procedural and unitary analysis will be the subject of a future work by the authors.

  • Issue Year: 13/2024
  • Issue No: 1
  • Page Range: 101-120
  • Page Count: 10
  • Language: English, Romanian
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