The application of the Romanian Constitutional Court Decision no. 358/2022 and Emergency Ordinance no. 71/2022.

In a recent case decision, the Cluj Court of Appeal ruled that the provisions of Article 155 paragraph (1) of the Criminal Code, as amended by Emergency Ordinance no. 71/2022, cannot automatically produce legal effects interrupting the statute of limitations after their entry into force in pending cases governed by the more favorable criminal law for the accused person, which includes the rule declared unconstitutional by constitutional jurisdiction acts.

This rule will remain applicable, under the provisions of Article 5 of the Criminal Code, governing the legal regime of the interruption of the statute of limitations for criminal liability, including regarding acts subsequent to the entry into force of Emergency Ordinance no. 71/2022. (Decision no. 732 of May 8, 2024, pronounced by the Cluj Court of Appeal, criminal section, https://www.rejust.ro/juris/6243g4353)

Source: https://www.juridice.ro/750110/curtea-de-apel-cluj-aplicarea-deciziei-ccr-nr-358-2022-si-a-oug-nr-71-2022.html