REFLECȚII ASUPRA UNOR INSTITUȚII DE DREPT PENAL ȘI DREPT PROCESUAL PENAL, GENERATE DE INTERPRETAREA DIFERITĂ A UNOR DISPOZIȚII LEGALE SAU DE PRACTICA JUDICIARĂ NEUNITARĂ LA NIVELUL INSTANȚELOR DIN CIRCUMSCRIPȚIA CURȚII DE APEL ORADEA

The non-unitary practice of some courts and public prosecutor’s offices in the district of the Court of Appeal of Oradea, generated by the different interpretation of some legal provisions in the criminal and criminal processual matters, gives the author the opportunity for some comments and de lege ferenda proposals. This study deals with the controversial aspects referring to the following institutions of criminal law and of criminal processual law: the jurisdiction of the judge of rights and freedoms in the matter of preventive measures in case of joining some cases; the complex offence or the formal concurrence of offences in case of committing some acts of outrage or judiciary outrage; the solutions of the preliminary chamber; the territorial jurisdiction of the criminal prosecution bodies under the terms of unique referrals; the concurrence of qualifications (of texts, of rules) or ideal concurrence of offences; the legal nature of the institutions of waiver of application of the punishment and the postponement of the application of punishment.