The Statute of Limitations for Criminal Liability in Law no. 302/2004

Abstract

The statute of limitations for criminal liability, first established in the second Romanian criminal code, the Carol II Criminal Code of 1937, is a traditional legal mechanism in Romanian criminal law, maintaining its relevance in the current legislation. It operates as a general cause for the removal of criminal liability, exclusively through the passage of a specified period, without imposing any conduct on the part of the subjects involved. This paper aims to provide a systematic analysis of the provisions on the interruption of the statute of limitations for criminal liability in the context of Law No. 302/2004 on international judicial cooperation in criminal matters, with reference to the general criminal law rules provided for in the current Criminal Code, highlighting any legislative shortcomings or gaps.