The Effects Of Reconciliation In The Hypothesis Of Changing The Juridical Classification Of The Deed

Abstract

Taking into account a recent interpretive decision of the Constitutional Court of Romania (Decision no. 222/2023), this study addresses the issue of the effects of reconciliation, as a cause that removes criminal liability, in the hypothesis of changing the juridical classification of the deed after reading the act of referral to the court.

The research methods used in the elaboration of this work are: documentation, scientific analysis, including comparative (of legal provisions from successive normative acts that regulate the same institution, or of legal provisions from different normative acts that regulate related institutions), as well as interpretation.

Finding the existence of a non-correlation between some provisions of the current Romanian Criminal Code in the matter of reconciliation and some provisions of the current Romanian Code of Criminal Procedure in the matter of changing the juridical classification of the deed, a non-correlation that may lead to the violation of the right to a fair trial (consecrated in art. 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms), the present study concludes with a concrete proposal for a ferenda law, so as to ensure the respect of this fundamental right.