The Object of the Recourse in Cassation – Unconstitutionality of Some Provisions of the Romanian Criminal Procedure Code in this Field

Abstract

The institution of recourse in cassation, an extraordinary remedy introduced in our criminal procedural legislation by the provisions of the current Code of Criminal Procedure (Law no. 135/2010, entered into force on February 1, 2014), has been analyzed, several times, by to the court of constitutional contention, including regarding the provisions governing its object, respectively the decisions that may be subject to this way of attack. Noting a reconsideration, in recent years, of the jurisprudence of the Constitutional Court of Romania regarding the provisions of art. 434 para. (2) of the Code of Criminal Procedure, referring to the decisions that cannot be recourse in cassation, the present study treats the effects of Decision no. 651/2017, Decision no. 573/2018 and of the Decision pronounced on April 7, 2022, in the context of the legislative amendments expected by the most recent draft law amending and supplementing the Code of Criminal Procedure, a project launched in public debate by the Ministry of Justice in September 2021.