High Court of Cassation and Justice. Absence of the case for appeal in cassation consisting in the wrongful conviction of the defendant, although the statute of limitations for criminal liability had expired and the fact had been analyzed by the decision of the appellate court. The Constitutional Court was petitioned with the exception of unconstitutionality of art. 438 para. (1) C.pr.pen.
On February 4, 2025, the High Court of Cassation and Justice referred to the Constitutional Court, at our request, the constitutionality of the provisions of Article 438 para. (1) C.pr.pen. In support of the application we pointed out that the legal provisions in question do not allow the lodging of an appeal in cassation in the event that the criminal proceedings were wrongly not terminated, although the cause of termination (not submitted to the parties) was examined by the appellate court. This infringes several provisions of the Basic Law.