The Prosecutors Section of the Superior Council of the Magistrates (CSM) warns that the decision delivered by the top court on the enforcement of the Constitutional Court rulings regarding the criminal statutes of limitation will result in the termination of criminal trials and the clearing of criminal liability for certain crimes committed, some of them very serious.
"Having regard to the Ruling delivered on 25.10.2022 by the High Court of Cassation and Justice for the resolution of certain legal issues, which established the manner of enforcing Rulings No. 297/2018 and No. 358/ 2022 of the Constitutional Court of Romania regarding the criminal statutes of limitation, the Prosecutors Section notes that the direct enforcement of the ruling in criminal cases in the stage of criminal prosecution or before the courts, in various procedural stages, will result in the termination of criminal proceedings and the removal of criminal liability for crimes committed, some of which very serious," reads the release posted on CSM's webpage.
The Prosecutors Section considers that this situation was generated mainly "by the passivity of the legislative and executive powers in stepping in within the 45-day constitutional term after CCR Ruling No. 297 of 2018 was handed down".
According to the cited source, the situation was such that for a period of 4 years the criminal legislation only provided for the general limitation of criminal liability, whilst the legal terms had been anyway reduced by the legislator through the Criminal Code that came into force in 2014.
"As a consequence, it's not just that the passivity of judicial bodies in the course of criminal proceedings is no longer sanctioned, as it should be, but cases where procedural acts were conducted periodically, but which are no longer subject to an interruptive limitation, will also be closed," the release notes.
The Prosecutors Section points out that the impossibility of handing down judicial rulings on the merits of the criminal charges pressed by prosecutors will generate "dissatisfaction and professional demotivation" among the dedicated professional body.
The cited source also specifies that, whenever it was consulted, the Superior Council of the Magistrates has offered concrete proposals to amend the legal texts, including Art. 155 of the Criminal Code regarding the special statutes of limitation.
"Against this background, we remind you that there are numerous other legal texts in the Criminal Code and the Criminal Procedure Code which were declared unconstitutional starting with 2014, and on which the legislator did not intervene. The direct enforcement of these decisions by the criminal investigation bodies often implies expectations for the formation in time of a unified jurisprudence of the courts on this matter, with direct and irreversible consequences on the speed, quality, predictability and credibility of the judicial act," the CSM emphasizes.
The High Court of Cassation and Justice panel for the resolution of legal issues ruled on Tuesday that the Constitutional Court's ruling on the statues of limitation applies retroactively.
Several courts in the country requested the top court to establish whether the Constitutional Court's rulings regarding the statutes of limitations are retroactive according to the principle of the most favorable criminal law. AGERPRES
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