The Relation Between Doctrine as a Source of Law and the Principle of Legality of Indictment

Cornelia Beatrice Gabriela Ene-Dinu ()
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Cornelia Beatrice Gabriela Ene-Dinu: Nicolae Titulescu University of Bucharest, Romania

RAIS Conference Proceedings 2022-2024 from Research Association for Interdisciplinary Studies

Abstract: The principle of legality of indictment helps to protect individual rights and to ensure fair and equitable justice. Criminal law is a branch of law that has a significant impact on individual liberty and the fundamental rights of persons, as it establishes the most severe legal liability in society. The principle of legality of indictment is essential to ensure the protection of individuals against arbitrariness and abuse of power committed by the authorities. Furthermore, the legality of indictment ensures predictability and certainty in the application of criminal law, contributing to society's confidence in the criminal justice system. The European Court of Human Rights has established that the legality of indictment, in the sense of accessibility and predictability of the law, is an essential aspect of respecting human rights within the field of criminal law. The law, in particular criminal law, must be spelled out with sufficient clarity to enable individuals to regulate their conduct in accordance with legal provisions. There are situations where normative construction, including criminal law, requires clarification to ensure uniform application. The normative interpretation provided by the High Court of Cassation and Justice, through referrals in the interest of the law and preliminary rulings aimed at clarifying points of law, plays a vital role in enhancing the legal framework. This process allows the doctrine to make a crucial contribution to the clarification and consolidation of the normative text, thereby ensuring consistency and predictability in its application.

Keywords: indictment legality; criminal law; interpretation; doctrine; normative text; unitary application of criminal law (search for similar items in EconPapers)
Pages: 7 pages
Date: 2024-08
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Published in Proceedings of the 37th International RAIS Conference on Social Sciences and Humanities, August 8-9, 2024, vol. 1, pages 8-15

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