The principle of territoriality in Romanian criminal law

Ilinca Pocean ()
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Ilinca Pocean: Ovidius University of Constanta - Faculty of Law and Administrative Sciences

Ars Aequi, 2020, vol. 10, issue 1, 79-104

Abstract: The application of the criminal law is determined by the commission of deeds that violate these laws, ie by the commission of a crime. Each of these acts of violation of the law takes place in a certain place and at a certain date, that is, the commission of each act is inevitably situated in space and time. In that space and time, a certain law applies and only that law, or a certain law in competition with certain laws (foreign or repealed). It is therefore necessary from this point of view to establish the limits of the application of the criminal law in relation to space and time, in order to ensure the precise incidence of that law and implicitly the observance of the principle of legality. Criminal laws are applied in space and on a territory subject to sovereignty in a certain period of time, determined by the evolution of legislation, as a result of various economic, socio-political, cultural changes in society, to meet the needs of its defense against crime. According to the principle of Romania's sovereignty, the criminal law extends from the point of view of space, to where sovereignty exists. In other words, the criminal law is territorial, applying to all crimes committed on the territory of our country, based on the principle of sovereignty of the Romanian state, and on the basis that fundamental social values can not be defended if the criminal sanction is not made in relation to criminal law Romanian and by the Romanian authorities, regardless of the quality of the perpetrator, Romanian or foreign.

Keywords: territoriality principle; Romanian criminal law (search for similar items in EconPapers)
Date: 2020
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