Infracţiune continuată. Prescripţia răspunderii penale. Modul de calcul al termenului

Offence on an ongoing basis. Limitation period for criminal liability. Method for calculating the period

Abstract

In the case of offence on an ongoing basis, it is consumed at the time of commission of the second action or omission constituting the offence and is exhausted at the time of commission of the last action or inaction, which is also the time from which the limitation period for criminal liability begins to lapse. If the latter component of the offence on an ongoing basis was committed after the entry into force of the new criminal law, namely on 31 January 2005, which increased the minimum and maximum punishment, the punishment provided for by the new law shall be applied for the entire offence.

Given that the most favourable criminal law is Law no. 87/1994, as amended by Law no. 161/2003, which provides for limits of punishment from 2 to 8 years for the offence of tax evasion, and the...