Posibilitatea procurorului de a invoca excepţia prescripției extinctive în litigiile în care participă, potrivit art. 92 din Codul de procedură civilă, atunci când prescripția a început să curgă după data de 1 octombrie 2011
The possibility of the prosecutor to invoke the exception of the statute of limitations in the litigations in which he participates, according to art. 92 of the Civil Procedure Code, when the limitation period began to run after 1 October 2011

Summary/Abstract: Analyzing the judicial practice and the opinions expressed in the specialized literature, regarding the possibility of the prosecutor to invoke the exception of the extinctive limitation in the litigations in which he participates, according to art. 92 Civil Procedure Code, when the limitation period began to run after 1 October 2011, the authors reached the following conclusions: (a) The term provided by art. 541 para. (2) The Criminal Procedure Code is a term of extinctive limitation, not a term of revocation of substantive law or procedural law. (b) In the case of limitations started after October 1, 2011, when the Civil Code (2009) entered into force, given the relative nature of the exception of the limitation of the right to action in the material sense, the prosecutor when participating in the trial, pursuant to art. 92 para. (2) or para. (3) The Civil Procedure Code (2010) can no longer invoke the exception of limitation. (c) At most, and at the risk of the application being rejected by the court, the trial prosecutor may request, through the court, at the first trial, at which the defendant is present in person or through his representative, that he state his position regarding the exception of the limitation, in the sense of whether or not he understands to invoke it. (d) Where a prosecutor's office has been summoned and the application for a summons has been accepted in principle, that prosecutor's office may invoke the limitation exception by a statement of defence. In this case, the representation of the prosecutor's office, which has become a party to the proceedings, must be provided by a legal adviser.

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