Unele consideraţii referitoare la caracterul de „lege de dezincriminare” al Deciziei Curţii Constituţionale nr. 405/2016
Some considerations regarding the character of "law of decriminalization" of the Constitutional Court Decision no. 405/2016

Summary/Abstract: The present study represents a synthesis of the lecture given by the author at the Conference "Three years after the entry into force of the Criminal Codes", organized in Cluj-Napoca, on 3-4 March 2017, under the patronage of the Faculty of Law of Cluj. Taking advantage of both the practical experience acquired as a prosecutor working at the Prosecutor's Office alongside the Supreme Court and of the participation in the commission of experts from the Ministry of Justice, which elaborated the draft Law on the Implementation of the Criminal Code, the author exposes in a systematic manner high-profile discussions on the notion of "decriminalization law", in the context of Decision no. 405/2016 of the Constitutional Court. As such, the premise is based on the conclusions of the Constitutional Court, which considered that the crime of abuse of office is constitutional in the current formulation insofar as the term “failing to fulfill” is interpreted in the meaning of “failing to fulfill duties prescribed by law”. The author proposes to identify the "legal effects" produced by the court's decision, as well as to explain how the crime of "abuse of office" was "reconfigured" in the meaning of the Constitutional Court. Therefore, the issues tackled concern the interpretative character of the decision and its effects, as well as the relevance of Decision no. 405/2006 regarding pending and settled cases by the time of the publication in the Official Journal. The author presents objectively the arguments that support each possible thesis, assuming responsibility for some motivated, personal solutions.

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