The effects of the decision of the Constitutional Court no 358/2022 on court decisions. Application of judicial error

Abstract

The prescription of criminal liability presupposes the extinction of the criminal legal relationship appeared as a result of committing a crime due to the fact that it was not committed within a certain term established by law, which affects and empties the idea of criminal repression and prevention. The main objective of this research is related to the exposure of the effects of the Decision of the Constitutional Court no. 358/2022 with reference to Decision no. 297/2018 by which the phrase “by fulfilling any procedural act in question” from the content of art. 155, paragraph 1 of the Criminal Code, especially from the perspective of multiple issues that may be defended in practice, which also determines the possibility of the existence of a judicial error. The article analyses the content of the two decisions of the Constitutional Court, but also their implications identified in the practice of the courts, taking into account the importance of respecting the principle of legality, but also the observance of the rights of the parties in a criminal trial.