Publicat în: Challenges of the knowledge society (CKS) 2021

Articol disponibil onlineaici.

Abstract: The authors intend to present in this article a series of theoretical and practical aspects with regard to the application of the Decision of the Constitutional Court of Romania no. 297 of 2018, declaring the unconstitutionality of the dispositions under art. 155 par. (1) in the New Penal Code, and the problems showed by the practice of the Romanian courts, in the meaning of non-uniform application of such decision. We shall attempt hereinafter to present, subject to our own conscience, a series of theoretical and practical aspects regarding the correct interpretation of the decision aforementioned and of the effects it causes, given that the legislator did not intervene in any manner on the law text declared unconstitutional, as provided by the dispositions under art. 147 in the Romanian Constitution.

Keywords: Statute of limitation, judicial practice, non-uniform practice, communication of procedural acts, constitutionality