Instituţia prescripţiei prin prisma modificărilor legislative din 07 septembrie 2024 [Articol]

Abstract

According to criminal law and doctrine, the legal institution of prescription removes the repressive function of criminal law and is based on the idea of the removal of criminal liability for an offence due to the passage of a certain period of time and also the extinction of the criminal legal relationship arising from the commission of that offence. Its role is to ensure the stability and security of legal relations, preventing situations where offences are punished after a long period of time, when evidence may be tampered with or disappear. This institution is essential to the balance of the criminal justice system, ensuring that trials are disposed of within a reasonable time and that the fundamental rights of individuals are respected. Prescription has undergone various changes over the years in an attempt to facilitate the work of law enforcement and to fulfil the aim of the criminal process, namely the achievement of justice.