Dezincriminarea şi efectele constatării neconstituţionalităţii normei de incriminare
Decriminalization and Effects of Unconstitutionality of the Criminalisation Norm

Summary/Abstract: The paper aims to deal with several issues related to the application of the decriminalization law. The novelty elements of the current Criminal Code prevail over the old regulation: decriminalization by abolishing the criminalization norm; the difference of conception of the current Criminal Code compared to the old regulation. The essay describes the effects of unconstitutionality of the criminalization norm. Are the decisions of the Constitutional Court capable of removing the rules found unconstitutional? We analyze aspects of unconstitutionality and partial decriminalization of offenses of abuse of service, negligence in service and conflict of interest. Also, a recent solution of the Constitutional Court regarding the legislator's omission to criminalize an offense is presented. Within the paper there are also de lege ferenda proposals in the field of penal law.

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