Causes removing criminal liability. The limitation term of the criminal liability. Application of the more favorable criminal law. Interruption of the criminal liability limitation term, under the Decision of the Constitutional Court no. 297

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

By the Decision of the Constitutional Court of Romania no. 297/26 April 2018, the provisions of Article 155 paragraph 1 of the Criminal Code were not declared unconstitutional, but only the legislative solution that provided that the limitation term of criminal liability is  interrupted by fulfilling “any act of the procedure in the case” from the content of Article 155 paragraph 1 of the Criminal Code. 
Therefore, the remaining legal provisions in the text of the law are still in force, as is paragraph 1 of this article, therefore, in the future, the interruption of the limitation term of criminal liability will operate as a result of procedures to be served to the suspect or the accused in the criminal proceedings, as illustrated by paragraphs 23, 28-32 and 34 of the Constitutional Court Decision no. 297/2018 and this solution ensures certainty to the  suspect or the accused regarding the conditions of his criminal liability.