Aprecisely the role of conceptually delimiting this notion facilitating its applicability in the spirit of the rule of law and the supremacy of laws in Romania. As previously shown the possible wrong application of the notion of punishment provided by the law does not determine per se the qualification of a legal norm as unconstitutional. . Regarding the exception of unconstitutionality of the provisions of art. para. from Law no. it is stated that the provisions of art. para. of the Constitution because Law no. regarding the denomination of the national currency is an ordinary law and was adopted according to the constitutional procedure for the adoption of ordinary laws.
The fact that the criticized provisions have an impact on the amount of Country Email List particularly serious consequences cannot determine the qualification of Law no. as an organic law which would determine the requirement of its adoption with a majority specific to organic laws not ordinary as was the case in this case. . Moreover it is evident that the denomination of the national currency cannot have effects on the criminal law in the sense supported by the author of the exception.
The consequence would be the circumvention of the criminal rules and the will of the legislator by exempting people who have committed acts with particularly serious consequences which in the absence of the designation would determine the nonpunishment of the perpetrators or their punishment for standard crimes and not for the aggravated forms consisting in the generation of some particularly serious consequences. generate a discriminatory application of the criminal law. . The Peoples Advocate considers that the criticized legal provisions are constitutional. Thus the criticism regarding the provisions of art. and art. of the Criminal Code of and art. and art. of the Criminal Code related to the constitutional provisions of art.
發表於 2023-12-27 17:24:40
