Application of the statute of limitations in light of the case-law of the Romanian Constitutional Court and of the High Court of Cassation and Justice

  • Sergiu Bogdan Faculty of Law, Babeș-Bolyai University, Cluj-Napoca; Cluj Bar Association
  • Laurențiu Vasile Negrean Faculty of Law, Babeș-Bolyai University, Cluj-Napoca; Cluj Bar Association
Keywords: statute of limitations of criminal liability, Decision no. 358/2022, Decision no. 297/2018, appeal for annulment, more favourable criminal law

Abstract

The statute of limitations of criminal liability has recently become one of the main topics of debate in the Romanian legal environment. With the publication of the Romanian Constitutional Court's Decision no. 358/2022, issues related to the application of the statute of limitations started to appear in the judicial practice.

Approximately one year after the publication of Decision no. 358/2022 of the Romanian Constitutional Court, the authors intend to analyse through this article the main problems identified in the judicial practice with reference to this matter.

The present study also aims to analyse the legal problems related to the application of the statute of limitations in the procedure of the appeal for annulment.

Published
2023-06-01