Decizia Curții Constituționale a României nr. 102/2021 din 17 februarie 2021 referitoare la excepția de neconstituționalitate a dispozițiilor art. 52 alin. (3) și ale art. 249 alin. (1) din Codul de procedură penală
Decision no. 102/2021 of the Constitutional Court of Romania of February 17, 2021 regarding the exception of unconstitutionality of the provisions of art. 52 para. (3) and of art. 249 para. (1) of the Code of Criminal Procedure

Summary/Abstract: The Court establishes that art. 52 of the Code of Criminal Procedure creates a link between the decisions handed down by civil courts (in a broad sense) and those handed down by the criminal courts, when the former are relevant to the resolution of criminal cases, but the law does not include a definition of "the circumstances regard the existence of the crime” nor the criteria that allow the distinction between the circumstances regarding the existence of the crime and the rest of the preliminary issues of the criminal case. Therefore, the meaning of the analyzed expression is extremely broad, giving the judicial bodies the possibility to give it different meanings, from which different spheres of application of the analyzed criminal procedural provision arise, which implies, per se, the violation by the criminal courts of the res judicata authority of the final court decisions pronounced by the civil courts, when they refer to preliminary issues of the criminal case regarding the existence of the crime, with the consequence of violating the principle of security of legal relations. The Constitutional Court admitted the exception of unconstitutionality and established that the phrase "except for the circumstances regarding the existence of the crime" within the provisions of art. 52 para. (3) of the Code of Criminal Procedure is unconstitutional.

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