EVOLUȚIA DREPTULUI PENAL PRIN JURISPRUDENȚA CURȚII CONSTITUȚIONALE
The Evolution of Criminal Law Through The Jurisprudence of The Constitutional Court

Author(s): Tudorel Toader, Marieta Safta
Subject(s): Constitutional Law
Published by: Universul Juridic
Keywords: constitutionality review; criminal policy; constitutional courts; criminal law; constitutionalization of law;
Summary/Abstract: The present study approaches the evolution of criminal law through the case-law of the Constitutional Court, exemplifying three categories of decisions: the pure and simple ones, of establishing the unconstitutionality of criminal norms, the decisions through which the unconstitutionality of legislative solutions is found, and the interpretative decisions, through which the unconstitutional meaning of the examined norms is eliminated. Each of these types of decisions reveal dimensions of the constitutionalization of criminal law with an ever-growing complexity, as well as the interference with the criminal policy of the state, in the sense of mapping out the margin of appreciation of the lawmaker in configuring it while observing the highest standards for the protection of the fundamental rights and freedoms. The conclusion of the study is that of the evolution in the sense of an increasingly more profound constitutional approach to the issues of substantive criminal law, as a law circumscribed to the defense and the guaranteeing of the fundamental rights and freedoms.

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