Referral to the Constitutional Court. Lack of a ground of appeal in cassation consisting in the wrongful conviction of the defendant, even though the statute of limitations had expired and that fact had been raised during the appeal.

On 25 October 2023, the High Court of Cassation and Justice referred to the Constitutional Court, at our request, the exception of unconstitutionality of Article 438 para. (1) C.pr.pen., as the legal provisions in question do not allow for an appeal in cassation in the event that the criminal proceedings were not wrongly terminated, even though the grounds for termination were examined by the court of appeal.