Interruption of the prescription of the execution of the penalty by the issuance of a European arrest warrant Cover Image

Întreruperea prescripţiei executării pedepsei prin emiterea unui mandat european de arestare
Interruption of the prescription of the execution of the penalty by the issuance of a European arrest warrant

Author(s): Adrian Fanu-Moca
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: european arrest warrant; prescription of sentence; interruption of prescription term; inconsistent jurispudence; procedural incidents

Summary/Abstract: In this study, the author proposes to amend Art. 127 of the Romanian Penal Code which provides the cases of interruption of sentence prescription to include a new case, namely the European arrest warrant. The author argues pertinent and judicious this lege ferenda change based on Decision no. 2/2012 of the High Court of Cassation and Justice. By this solution the Supreme Court ended a long legal controversy that led to an inconsistent jurisprudence in resolving procedural incidents in the last phase of the criminal process - the phase of execution of criminal judgments

  • Issue Year: 2012
  • Issue No: 2
  • Page Range: 24-29
  • Page Count: 6
  • Language: Romanian
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