Câteva consideraţii critice, preliminare, ale soluţiei dispuse prin Decizia nr. 7/2020, a Înaltei Curţi de Casaţie şi Justiţiei, pronunţată într un recurs în interesul legii
Some Critical Preliminary Considerations of the Solution Provided by Decision no. 7/2020, of the High Court of Review and Justice in a Motion of Appeal in the Interest of the Law

Summary/Abstract: The present article aims to analyze the implications and the foreseeable effects that will occur following the solution reached by decision no. 7/2020, pronounced by the High Court of Justice in an appeal in the interest of the law. Although the decision was intended to clarify the sanctioning regime of the intermediate plurality, it does so only to a limited extent. On the other hand, it triggers other consequences, hardly commensurable, but impossible to ignore, regarding the (im)predictability of the interpretation and the application of the criminal law in this area, since the solution contradicts the consolidated doctrine in the matter. The lettering and the spirit of the law came into conflict and it was the predictability of the criminal law that lost the most.

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