Puncte de reper pe traseul redefinirii prescripției răspunderii penale în sistemul legislativ românesc (I)
Keywords:
The right of the state to impose penalties; the prescription of criminal liability; the effects of the limitation of criminal liability; substantive law; procedural law; causes of interruption of the limitation period; special limitation; unconstitutionality; more favorable criminal law; regulation of the limitation of criminal liability in the legal systems of other countries.Abstract
Accepting that the existence of an interval in which the perpetrator was aware at every moment of the risk of being detected and brought to justice, was sometimes equated to a real punishment, the period in which the perpetrator was forced to avoid the authorities, to live under the empire the fear that he will not escape liability, justifies the removal by law of the possibility of his conviction after the passage of a time interval related to the maximum duration of the punishment that the law provides for the committed act. Achieving the purpose of the criminal law requires that the criminal liability of the criminal intervene as close as possible to the moment of the crime, so that the process proceeds with speed. The passage of time leads to the dilution of the evidence, with the risk of convicting some innocent people, and the social resonance of the crime diminishes until it disappears.
