Roselin67 發表於 2023-12-27 17:24:48

The government considers that the exception


A Criminal Section contrary to the provisions of art. para. from Law no. regarding the organization and functioning of the Constitutional Court did not express its opinion regarding the invoked exception of unconstitutionality. . According to the provisions of art. para. from Law no. the referral conclusion was communicated to the presidents of the two Chambers of the Parliament the Government and the Peoples Advocate in order to express their views on the exception of unconstitutionality raised. .of unconstitutionality is unfounded. Thus regarding the exception of unconstitutionality of the provisions of art. of the.

Criminal Code of and art. of the Criminal Code regarding personal and real Country Email List circumstances it is shown that the regulation is almost identical and does not contain any element that affects the principle of the supremacy of laws or that of equal rights. . Precisely to prevent nonunitary application the national legislator saw fit to define both personal and real circumstances as well as their role in the commission of a crime. . The eventual misclassification of some circumstances as.

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Real and not personal or vice versa does not determine per se the qualification of a legal norm as unconstitutional. Moreover the party that considers itself injured has at its disposal the means of appeal provided for by the Code of Criminal Procedure. . In addition the Constitutional Court cannot rule on the application of a legal provision since according to art. para. from Law no. rules only on the constitutionality of the acts with respect to which it was notified without being able to modify or complete the provisions subject to control. . Regarding the exception of unconstitutionality of the provisions of art. of the Criminal Code of and art. of the Criminal Code it is shown that the definition of the notion of punishment provided by law has.

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