DIFICULTÃȚI ÎN APLICAREA PRINCIPIULUI MITIOR LEX AVÂND ÎN VEDERE PREVEDERILE ART. 741 C.PEN., INTRODUS PRIN LEGEA NR. 202/2010 PRIVIND UNELE MÃSURI PENTRU ACCELERAREA SOLUȚIONÃRII PROCESELOR

Law no. 202/2010 on certain measures to accelerate lawsuits’ settlement introduces into the Criminal Code, by art. 741 of the Criminal Code, a series of provisions in favor of the charged person or of the defendant who has committed certain economic offences and covered the damage in full, until the settlement of the cause of action in the court of the first instance. The author considers that these provisions could be construed as certain legal and real attenuating circumstances, however having a special regime, which often generates difficulties related to the interpretation and enforcement in the courts’ practice. However deemed as unconstitutional in May 2011, the provisions of the above-mentioned article are being enforced regarding the offences committed until its expiry date, pursuant to mitior lex principle.