Institutia infractiunii in statele membre U.E. - The Criminal Offence institution in the E.U. countries

Mihai Stefanoaia
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Mihai Stefanoaia: Asist.univ.drd., Facultatea de Drept, Universitatea Petre Andrei din Iasi, avocat in Baroul Suceava

Jurnalul de Studii Juridice, 2010, vol. 1-2, 111-126

Abstract: We consider that the first problem of the general theory of the criminaloffence is defining it as a fundamental institution of the penal law. In social life, besides the vast majority of positive human acts, there are committed some deeds which endanger the social values that any civilized society promotes and understands to defend, by different means. Taking into account the negative consequences that they produce, these deeds may be: savage (for eg. manslaughter, torture), immoral (for eg. rape), damaging (for eg. theft, destruction). All these deeds trouble the public order and therefore they have a powerful antisocial character. But they do become criminal offences only the moment when the penal law perceives them as such and punishes them. The antisocial deed gets from the legal will of the state the name of criminal offence and by this it becomes a judicial deed, which generates for the state, as a titleholder of order, the obligation to hold responsible its author.

Keywords: criminal offence; savage; immoral; damaging; judicial deed (search for similar items in EconPapers)
JEL-codes: A23 K14 (search for similar items in EconPapers)
Date: 2010
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