Aplicarea legii penale mai favorabile. Studiu de caz şi notă critică a deciziei penale nr. 267/A/2016 a Curţii de Apel Oradea
The application of the more favorable criminal law. A case study and critical note on Decision no. 267/A/2016 pronounced by the Court of Appeal of Oradea

Summary/Abstract: Having chosen in the past the more favourable criminal law and ending the criminal proceedings with respect to a part of the offenses, as a result of the intervention of the statute of limitations, does not prevent the subsequent reappraisal of the more favourable criminal law, without thereby violating Decision no. 265/2014 of the Constitutional Court of Romania. The assessment of the more favourable criminal law can take place until all the criminal aspects of the case are finally decided upon, even in phase of a retrial, resulted from admitting an extraordinary appeal. The sudden change in the jurisprudence on the application of the more favourable criminal law violates the provisions of art. 7 ECHR.

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