Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict

Nela Manole ()
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Nela Manole: Faculty of Law and Public Administration, ãAndrei SagunaÓ University of Constanta, Romania

Perspectives of Law and Public Administration, 2023, vol. 12, issue 1, 50-56

Abstract: 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.

Keywords: compliance criminal law report; conflict criminal law report; legal order; criminal law; doctrine; crime; criminal law rules; judicial practice. (search for similar items in EconPapers)
JEL-codes: K14 K49 (search for similar items in EconPapers)
Date: 2023
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