Soluţionarea laturii civile în procesul penal în caz de dezincriminare. Situaţii tranzitorii
Settlement of a civil action in criminal proceedings in the case of decriminalization. Transitional cases

Summary/Abstract: The present approving note calls into question a problem which was the subject of doctrinal debate in the past. The matter relates to the settlement of the civil action in the criminal court, in a particular hypothesis: after the first instance has rendered a judgment and before the final adjudication of the case, the offence is decriminalized. The author analyses the present scenario by using the historical method and by quoting the leading doctrinal authors in Criminal Procedure Law. Eventually the conclusion is that the new criminal procedure law supports the interpretation that was found as fair by most of the aforementioned authors. To sum up, the author consider that the solution of the Bucharest Tribunal, which solved the civil action within the criminal proceedings is correct, thus ensuring that the rights of the parties in criminal proceedings are protected in an concrete and effective manner.

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