Autor: Mihai Adrian Hotca
Publicat în: Revista „Dreptul”, nr. 5/2014
Disponibil online: aici.
Titlul lucrării în engleză: Application in time of the criminal law in accordance with the rules of the new Criminal Code
Abstract: According to Article 247 of the Law No 187/2012 for the implementation of the Law No 286/2009, the Criminal Code entered into force on 1 February 2014. The new Criminal Code provides four articles for the regulation of the application of the criminal law in time: Article 3 refers to the principle of the activity of the criminal law, Article 4 regulates the retroactivity of the criminal law of decriminalization, Article 5 is devoted to the application of the most favourable criminal law before the final judgment of the case, Article 6 concerns the application of the most favourable criminal law after the final judgment of the case, and Article 7 is reserved to the application in time of the temporary criminal law. Throughout this study the author presents and explains the new criminal rules regulating the application in time of criminal law.
Keywords: criminal law; application in time of criminal law; activity of criminal law; decriminalization; retroactivity; extra-activity; transitory situation, lex tertia; most favourable criminal law;
