CONSIDERAȚII REFERITOARE LA NECONSTITUȚIONALITATEA ART. 6 DIN LEGEA NR. 241/2005 ȘI EFECTELE DECIZIEI CURȚII CONSTITUȚIONALE ASUPRA PROCESELOR PENALE ÎN CURS LA DATA PUBLICĂRII DECIZIEI

Within this paper, the author makes a brief review of the background, respectively of the grounds of the Decision No 363/2015 of the Constitutional Court, and afterwards he stops to analyze the effects of this decision on the criminal trials ongoing at the date when the mentioned decision is pronounced. In relation to the exigences imposed by the principle of legality of incrimination and to the fact that the text declared unconstitutional has incriminated for the first time a certain conduct as an offence, the failure to reconcile, within the legal time limit, the incrimination text with the provisions of the Constitution of Romania, republished, has the value of a decriminalization.