Decision of the Court of Cassation, II Criminal Section, No. 15107 of 12 April 2016

The Court of Cassation ruled that statutory limitations did not apply to the offense of slaughter punished with life imprisonment even before the amendment of Article 157 of the criminal code by law No. 251/2005, which introduced in this provision the reference to the crimes punishable with life imprisonment. The Court clarified that under Article 7.2 of the ECHR this type of offense is imputable and prosecutable irrespective of the typical incrimination, since this crime is a serious violation of fundamental legal principles common to the European States. The Court of Cassation further pointed out that the scope of application of Article 7.2 of the ECHR, according to which the principle of non-retroactivity of the criminal law does not apply to crimes against humanity, implies that the more favorable rule on prescription be not applied to the crime of slaughter in case of succession of rules over time.