The High Court of Cassation and Justice (ICCJ) on Monday decided that the procedural documents issued prior to June 25, 2018 interrupt the prescription of criminal liability in all cases involving crimes against the financial interests of the European Union and corruption offences, only if the more favourable criminal law established globally is the Criminal Code or special legislation.
Also, the Supreme Court established that the procedural documents for which there is a legal obligation to be communicated to the suspect or defendant after May 30, 2022 (the date of publication of the Government Emergency Ordinance 71/2022) interrupt the limitation period for criminal liability only with regard to the acts committed starting from May 30, 2022, or with regard to the acts committed previously only if the more favourable criminal law established globally according to the decision of the Constitutional Court 265 of May 6, 2014 is the Criminal Code or special legislation containing criminal provisions in the form in effective as of May 30, 2022.
According to other jurisprudence solutions, the Supreme Court says that the decisions on the matter of the Court of Justice are fully applicable in internal cases that have as their object crimes against the financial interests of the EU and crimes of corruption, regardless of the procedural stage.
Regarding the restriction of the application of the internal standard regarding mitior lex, in a jurisprudential orientation it is shown that the internal standard referring to the application of the more favourable criminal law cannot be restricted, so that article 155 paragraph (1) The criminal code cannot be interpreted, through the lens of preliminary decisions, as preventing the application in its more favorable form, retroactively in favor of the accused, as a more favorable criminal law.
In another jurisprudential orientation, it was argued that the application of the internal mitior lex standard can be restricted, including according to the practice of the constitutional court and the supreme court, so that article 155, paragraph (1), the Criminal Code can only be interpreted through the lens of preliminary rulings, which prevent the application of its more favourable form, retroactively in favour of the accused, as a more favourable criminal law, as a result of a "necessary balancing" of competing standards, not being in any way violated the presumption of equivalent protection known as the Bosphorus presumption, mentions the same source.
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