DEZLEGAREA UNOR CHESTIUNI DE DREPT ÎN MATERIE PENALĂ. HP TANGOU
UNRAVELING THE ISSUES OF LAW IN CRIMINAL MATTERS. HP TANGO

Summary/Abstract: More than four years after the entry into force of the Criminal Codes it is, perhaps, the right time to make a brief „account” of one of the newly emerging institutions: The referral to the High Court of Cassation and Justice for the purpose of rendering a preliminary ruling to solve certain matters of law, governed by Articles 475 to 477 1 of the Criminal Procedure Code. At first sight, be it purely statistical, given the number of referrals, we note that the institution is working „in full”; beyond the figures, it is obvious that the decisions of the supreme court in the preliminary ruling procedure, at least those of admission, have led to resolving issues of law susceptible to different interpretations and therefore have somewhat contributed to avoiding the formation of a non-unitary practice, which is a step forward. At a closer examination, we will notice that there are at least two major issues that arise over this institution: excessive referrals with preliminary rulings and the previous unconstitutionality of the interpreted provisions, which could represent two steps back. In this „tango rhythm” we have structured a brief „account” of the institution of the preliminary ruling in criminal matters.

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