Dezincriminare şi decontravenţionalizare. Aspecte de drept material şi procesual. Incidenţa în afaceri
Disincrimination and deconventionalization. Aspects of material and procedural law. Incidence in business

Summary/Abstract: A problem with direct incidence in the business world is the situation where the legislator "turns" a crime into a contravention. In this situation, can we talk about the classical effects of a decriminalization or the person who committed the act will respond to the easier form of illicit which emerged meanwhile, respectively for the contravention? And, in affirmative case, under what procedural conditions? On the other hand, when a law lessening the penalty related to the contraventional aspect of a deed, that is, removes it from the scope of the contravention illicit, the question arises about the procedure to be followed in order for this law to produce its uncontrollable effects, namely that the main and complementary non-executed sanctions at the date of entry into force of the law to no longer be executed. These issues must be analyzed in the light of the constant case-law of the European Court of Human Rights, which considers that an important part of the facts provided for by the law of a state are, in fact, criminal offenses in terms of the consequences generated, which implies the concrete granting of specific guarantees in this matter.

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