Difficulties in applying the mitior lex principle considering the provisions of art. 74¹ Criminal Code, introduced by Law no. 202/2010 regarding some measures to accelerate justice in Romania

Abstract

Law no. 202/2010 regarding some measures to accelerate justice introduces in the Criminal Code through art. 74¹ Criminal Code, a series of provisions in the favor of the defendant who has committed certain economic crimes and has covered all the damage before the case has been solved in the first instance. We believe that the provisions could be interpreted as some legal and real mitigating circumstances, but with a special regime, this often creating difficulties in the interpretation and practice of the courts. Although declared unconstitutional in May 2011, the provisions of this Article should continue to apply regarding crimes committed before the article to be declared unconstitutional in virtue of the mitior lex principle.