About the Legal Value of the Decision Pronounced by the Administrative-Fiscal Contentious Court before the Criminal Court (or, rather, about the lack of any value)
About the Legal Value of the Decision Pronounced by the Administrative-Fiscal Contentious Court before the Criminal Court (or, rather, about the lack of any value)

Author(s): Angelica Roșu
Subject(s): Criminal Law, Administrative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: administrative contentious; criminal proceedings; res judicata authority; legal security; unconstitutionality;
Summary/Abstract: The present approach is dedicated to the analysis of the discrepancy between the theoretical approaches of the principle of legal security - respectively the way it is defined and developed - and the factual reality, the national judicial practice confirming its ignorance. The analysis is circumscribed by the way in which, within the limits of the principle of legality, the criminal relations of conflict deduced at trial could be established after the pronouncement, between the same parties and based on the same factual situation, of a final judgment in civil matters - especially in the matter of the fiscal administrative contentious; although the res judicata authority of the latter decision should not be questioned, being regulated by art. 52 par. (3) Code of Criminal Procedure, it will be found that the defeat of this principle is carried out "at the hands of the legislator", the enunciated text being a generator of legal insecurity.

• Details
• Contents