Decizia nr. 250/2019 a Curţii Constituţionale a României şi practica Curţii Europene a Drepturilor Omului referitoare la schimbarea încadrării juridice

dr. LEONTIN CORAŞ*

* e-mail: coras.leontin@gmail.com

Judecător - Curtea de Apel Alba Iulia

ABSTRACT

The article presents the considerations of the Decision No 250/2019 of the Constitutional Court of Romania and the practice of the European Court of Human Rights regarding the change of the legal framework during the trial, concluding that it is ordered by a conclusion prior to the settlement on the merits.

Likewise, there are presented arguments that justify the mandatory preparation of the minute in case of change of legal framework, the motivation of the conclusion and its communication.

There are examined, from the perspective of the change of the legal framework, the amendments and supplements to the Criminal Procedure Code ordered by the Law No 130/2021, which bring specifications in agreement to the case law of the Constitutional Court of...