Prescripția răspunderii penale în dreptul național prin prisma Deciziei CJUE C-107/23PPU/Lin din 24 iulie 2023

Rezumat

The study starts from the idea of an apparent collision between a decision of the Romanian court of constitutional control in the matter of the prescription of criminal liability and the C.J.U.E Decision C-107/23PPU / Lin of July 24, 2023 which justifies an at least tangential approach to the effects it can produce at the level of national court jurisprudence. From the point of view of the approach in specialized literature, the prescription of criminal liability appears as a legal institution having effects both on the level of substantive criminal law, failure to meet the deadline being a condition of no punishment, and on the level of criminal procedural law, being a condition of procedure, fulfillment of the limitation period preventing the exercise of the criminal action.
If a national regulation, specific to another legal system, considers that the prescription of criminal liability belongs to procedural law, not to substantive law, it will be possible to modify that rule in order to extend the limitation period in respect of crimes for which it has not already been fulfilled, this term at the time of modification.
From the perspective of stability, predictability and legislative coherence, of the effectiveness of combating criminality of all types in a logical and coherent structured way, from the perspective of criminological phenomena in contemporary Romanian society and the legal security needs of citizens and society as a whole, as well as the need the protection of democratic values in a context in which democracies are subjected to a test of resistance both within each democratic country and in a regional and global context, a rethinking of criminal policy and a "reset" of legislative measures regarding the Criminal Code is required and the Code of Criminal Procedure, but only on the basis of an in-depth analysis of the legislative developments described above, as well as with the consultation of all relevant actors within the judiciary, legal academia, the legal professions and civil society.