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Non-Applicability of Statutory Limitations – The Antidote of the Prescription of Criminal Liability

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  • Petronela Simona Brezeanu

    (Bacau City Hall, Bacau, Romania)

Abstract

Prescription of criminal liability represents forfeit the right to action if not exercised within the limitation period. Consequently, this institution represents the time factor that constitutes the basis of criminal liability. The New Penal Code provides for a series of offenses for which the criminal statute of limitations does not apply. Such are the prescriptible crimes of genocide, against humanity and war, crime of murder, qualified murder, as well as intentional crimes followed by the death of the victim. In the case of complex offenses that absorb any of the aforementioned offenses, the statute of limitations operates even if the offense remained in the stage of an attempt to consume it.

Suggested Citation

  • Petronela Simona Brezeanu, 2022. "Non-Applicability of Statutory Limitations – The Antidote of the Prescription of Criminal Liability," RAIS Conference Proceedings 2022-2023 0208, Research Association for Interdisciplinary Studies.
    • Handle: RePEc:smo:raiswp:0208
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    Keywords

    prescription; deadlines; non-applicability of statutory limitations; convention;
    All these keywords.

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