Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict
Our theoretical approaches combined with judicial practice are motivated by the multitude of divergent opinions that have appeared in the Romanian criminal doctrine regarding these concepts. Thus, most Romanian authors, starting from the premises according to witch all legal norms are transposed by...
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| Format: | Article |
| Language: | English |
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ADJURIS – International Academic Publisher
2023-03-01
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| Series: | Perspectives of Law and Public Administration |
| Subjects: | |
| Online Access: | https://adjuris.ro/revista/articole/An12nr1/5.%20Manole%20Nela%20EN.pdf |
| _version_ | 1797848880247734272 |
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| author | Nela Manole |
| author_facet | Nela Manole |
| author_sort | Nela Manole |
| collection | DOAJ |
| description | Our theoretical approaches combined with judicial practice are motivated by the multitude of divergent opinions that have appeared in the Romanian criminal doctrine regarding these concepts. Thus, most Romanian authors, starting from the premises according to witch all legal norms are transposed by creating legal relations and otherwise ignoring the normative character and the regulatory function that criminal law has in disciplining social conduct , reach the thesis according to which there is also a criminal legal relationship of compliance , this being an expression, a form of dynamic manifestation of the social defense relations that emanated from the norm of criminal law since its entry into force. The defense of social values is achieved mainly through criminal legal means (criminal law), through extra-legal means of educational, social, cultural, economic, as well as through extra-criminal legal norms of commercial law, administrative law, labor law, of constitutional law etc. Criminal law is rightly considered the result of a dialectical process and not of
an ideal creative process. The two sides of criminal policy, namely special preventive action and repressive reaction, are achieved through criminal law mainly, which by its rules provides both the conduct to be followed by the recipients of criminal law and the necessary reaction against crime to restore order right. As such, the criminal law order is achieved by observing the provisions of the criminal law, the criminal coercion intervening only in the case of committing certain crimes. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the
preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment. |
| first_indexed | 2024-04-09T18:34:47Z |
| format | Article |
| id | doaj.art-f35f147a88024a4696bce40b6d66f98c |
| institution | Directory Open Access Journal |
| issn | 2601-7830 |
| language | English |
| last_indexed | 2024-04-09T18:34:47Z |
| publishDate | 2023-03-01 |
| publisher | ADJURIS – International Academic Publisher |
| record_format | Article |
| series | Perspectives of Law and Public Administration |
| spelling | doaj.art-f35f147a88024a4696bce40b6d66f98c2023-04-11T12:30:28ZengADJURIS – International Academic PublisherPerspectives of Law and Public Administration2601-78302023-03-011215056Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of ConflictNela Manole0Faculty of Law and Public Administration, „Andrei Saguna” University of Constanţa, RomaniaOur theoretical approaches combined with judicial practice are motivated by the multitude of divergent opinions that have appeared in the Romanian criminal doctrine regarding these concepts. Thus, most Romanian authors, starting from the premises according to witch all legal norms are transposed by creating legal relations and otherwise ignoring the normative character and the regulatory function that criminal law has in disciplining social conduct , reach the thesis according to which there is also a criminal legal relationship of compliance , this being an expression, a form of dynamic manifestation of the social defense relations that emanated from the norm of criminal law since its entry into force. The defense of social values is achieved mainly through criminal legal means (criminal law), through extra-legal means of educational, social, cultural, economic, as well as through extra-criminal legal norms of commercial law, administrative law, labor law, of constitutional law etc. Criminal law is rightly considered the result of a dialectical process and not of an ideal creative process. The two sides of criminal policy, namely special preventive action and repressive reaction, are achieved through criminal law mainly, which by its rules provides both the conduct to be followed by the recipients of criminal law and the necessary reaction against crime to restore order right. As such, the criminal law order is achieved by observing the provisions of the criminal law, the criminal coercion intervening only in the case of committing certain crimes. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment.https://adjuris.ro/revista/articole/An12nr1/5.%20Manole%20Nela%20EN.pdfcompliance criminal law reportconflict criminal law reportlegal ordercriminal lawdoctrinecrimecriminal law rulesjudicial practice |
| spellingShingle | Nela Manole Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict Perspectives of Law and Public Administration compliance criminal law report conflict criminal law report legal order criminal law doctrine crime criminal law rules judicial practice |
| title | Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict |
| title_full | Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict |
| title_fullStr | Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict |
| title_full_unstemmed | Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict |
| title_short | Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict |
| title_sort | some theoretical and legal reflections on the order of criminal law the criminal legal relationship of compliance and the criminal legal relationship of conflict |
| topic | compliance criminal law report conflict criminal law report legal order criminal law doctrine crime criminal law rules judicial practice |
| url | https://adjuris.ro/revista/articole/An12nr1/5.%20Manole%20Nela%20EN.pdf |
| work_keys_str_mv | AT nelamanole sometheoreticalandlegalreflectionsontheorderofcriminallawthecriminallegalrelationshipofcomplianceandthecriminallegalrelationshipofconflict |