CÂTEVA CONSIDERAȚII ÎN LEGĂTURĂ CU TEORIA APLICĂRII GLOBALE A LEGII PENALE MAI FAVORABILE DIN PERSPECTIVA DECIZIEI CURȚII CONSTITUȚIONALE A ROMÂNIEI NR. 265/2014

The succession of the criminal codes has created numerous transitory situations requiring a functional system of principles to be solved. In this context, the courts have provided different solutions to some aspects related to the application of the criminal law in time, thus generating a non-unitary practice. The main cause of these contradictions was represented by the modality of determination of the most favourable criminal law. Just when it seemed that the High Court of Cassation and Justice had clarified the misunderstandings, the Constitutional Court has pronounced the Decision No 265/2014 which completely changes the situation, offering an interpretation that does not find many followers among jurists.