Former SCM judge and member Toni Neacșu announced, on Saturday morning, through a message on Facebook that a panel of the High Court of Cassation and Justice notified the Romanian Constitutional Court regarding the exception of unconstitutionality of GEO 71 of June 30, 2022, which art. 155 para. 1 of the Criminal Code regarding the interruption of the prescription of criminal liability and was agreed with the decision of CCR 358/26 May 2022.
Neacșu also claims that the emergency ordinance violates the constitutional order, “the Government has no right to regulate in the field of justice (crimes and punishments) through emergency ordinances, as the Romanian people decided in the 2019 Referendum.”
Neacșu also pointed out that the courts are asking the High Court how to apply the CCR’s decision on prescription:
“Although the CCR’s decision on prescription seemed clear, the courts are of a different opinion and notify the HCCJ to receive a dismissal. From my point of view, such a HCCJ decision interpreting the clear effects of the JRC decision should be inadmissible. “
Toni Neacșu was the lawyer of a defendant in Liviu Dragnea’s trial and was definitively sentenced to one year in prison with suspension because he received without being entitled to salaries and per diems when he was in the Superior Council of Magistracy.
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