Autor: Hunor KÁDÁR
Publicat în: Revista Dreptul nr.1/2016
Disponibil online: aici.
Titlul lucrării în engleză: Considerations on the unconstitutionality of Article 6 of the Law No 241/2005 and the effects of the decision of the Constitutional Court on the criminal trials ongoing at the date of publication of the decision
Abstract: Within this paper, the author makes a brief review of the background, respectively of the grounds of the Decision No 363/2015 of the Constitutional Court, and afterwards he stops to analyze the effects of this decision on the criminal trials ongoing at the date when the mentioned decision is pronounced. In relation to the exigences imposed by the principle of legality of incrimination and to the fact that the text declared unconstitutional has incriminated for the first time a certain conduct as an offence, the failure to reconcile, within the legal time limit, the incrimination text with the provisions of the Constitution of Romania, republished, has the value of a decriminalization.
Keywords: unconstitutionality; Article 6 of the Law No 241/2005; the effects of the decision of the Constitutional Court on the rules of incrimination; principle of legality of incrimination; decriminalization.
