Interpretation of the provisions of art. 155 par. 1 of the Penal Code Cover Image

Interpretation of the provisions of art. 155 par. 1 of the Penal Code
Interpretation of the provisions of art. 155 par. 1 of the Penal Code

Author(s): Adinan Halil, Bogdan Dumitru
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: criminal liability; limitation period; interruption of the limitation period; special limitation period;

Summary/Abstract: By the Decision no. 297/26.04.2018 of the Constitutional Court published in the Official Gazette of Romania no. 518 of 06.25.2018 has not been removed from positive law the institution of the interruption of the course of the prescription term of the criminal liability, but it was practically returned to the regulation of the interruption of the course of the prescription term from the previous Penal Code.The limitation period of the criminal liability will be interrupted on the occasion of the accomplishment of a procedural act that must, according to the law, be commu-nicated to the suspect/defendant.The time when the limitation period is interrupted and a new limitation period begins to run is the date on which the procedural act was performed by the competent judicial body and not the date on which the procedural act was communicated to the suspect or defendant.Effects of the Constitutional Court Decision no. 297/26.04.2018 occur in pending criminal cases except those who fulfilled special limitation of criminal liability before the publication of the decision in the Official Gazette.

  • Issue Year: VIII/2020
  • Issue No: VIII
  • Page Range: 389-395
  • Page Count: 6
  • Language: English