Existence of a chronic and irreversible disease preventing the defendant from participating in the trial. Special limitation period for criminal liability

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The provisions of art. 155 of the Criminal Code provide that the limitation period for criminal liability occurs no matter how many interruptions would exist if the deadlines laid down in art. 154 were exceeded by one more date, however, it does not give any details regarding the situation of suspension of the general limitation periods. Such a provision would not be necessary as long as, in the case of the special limitation period, it is deemed to be elapsed if it was exceeded by one more date, no matter how many interruptions would have occurred in the course thereof. In relation to the reasoning of establishing a maximum period within which the limitation period for criminal liability might occur, the intention of the Romanian legislator is appreciated as having excluded any situation which could prejudice the respective period, including the situations of interruption of the course of the limitation period. Therefore, the special limitation period cannot be affected by suspension, as it cannot be affected by an interruption. On the other hand, another interpretation would result in the breach of the provisions of art. 6 of the European Convention on Human Rights, according to which any person is entitled to a fair and public trail, within a reasonable time.