The Problem of Determining the Statute of Limitations for Criminal Liability in the Case of Administrative Controls
Keywords:
administrative control; prescription; finding prescription of criminal liabilityAbstract
Administrative control is a key mechanism for ensuring legality and efficiency within public institutions, serving a preventive, corrective, and guiding role. This article addresses the issue of invoking statutes of limitation during administrative control actions, emphasizing that such bodies lack the legal authority to determine prescription, particularly in cases involving financial damages or indications of criminal offenses. The legal implications and risks of these unjustified practices are highlighted, as they may undermine both the legality and effectiveness of administrative oversight. The article concludes by stressing the need for clear legal boundaries and adherence to statutory competences in the exercise of control functions.
References
Emergency Ordinance no. 57/2019, on the Administrative Code
Emergency Ordinance no. 87/2020 on the organization and functioning of the Prime Minister's Control Body, as well as for the establishment of measures to improve its activity
Law no. 135/2010, on the Criminal Procedure Code, as amended and supplemented
Law no. 286/2009, on the Criminal Code, as amended and supplemented
Law no. 287/2009, on the Civil Code, republished, as amended and supplemented
Negruț, G. & Boroi, A. (2024) Criminal Procedural Law, 4th Edition, revised and updated, Hamangiu, Bucharest.
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Copyright (c) 2025 Adrian Ștefănel Manafu, Ionuț Andrei Barbu (Author)
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
