CRIMINAL LAW AS A BRANCH OF ROMANIAN LAW

Throughout history, criminal law has known several definitions, all of which finally have its presentation as a branch of law, made up of a totality of legal norms, which establish the facts that constitute crimes, the conditions of criminal liability, the sanctions and the manner of their application. From the presented definition, we can deduce the fact that criminal law is a distinct branch of law, along with civil, administrative, constitutional, commercial law. Also, it is composed of the general part and the special part, but the structure is unitary, one cannot exist without the other. The general part provides the general rules, rules on how to apply the law, the governing principles, the typicality of crimes, the manner and rules of sanctioning. Instead, the special part of criminal law includes the rules of criminalization and the content of crimes. Consequently, criminal law aims to defend legal values against crime and at the same time combat it, especially, criminal law is the main guarantor of the norms and rules provided by the Romanian Constitution, having as its main objective the independence and unity of the state as well as the safety of citizens.

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Publication Details

Journal
Agora International Journal of Juridical Sciences
Published
2024-12-31
DOI
https://doi.org/10.15837/aijjs.v18i2.7000
Primary Topic
European Criminal Justice and Data Protection
Type
article
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article

CRIMINAL LAW AS A BRANCH OF ROMANIAN LAW

Lavinia Reștea
Agora International Journal of Juridical Sciences
European Criminal Justice and Data Protection
article

CRIMINAL LAW AS A BRANCH OF ROMANIAN LAW

Lavinia Reștea
article en

Abstract

Throughout history, criminal law has known several definitions, all of which finally have its presentation as a branch of law, made up of a totality of legal norms, which establish the facts that constitute crimes, the conditions of criminal liability, the sanctions and the manner of their application. From the presented definition, we can deduce the fact that criminal law is a distinct branch of law, along with civil, administrative, constitutional, commercial law. Also, it is composed of the general part and the special part, but the structure is unitary, one cannot exist without the other. The general part provides the general rules, rules on how to apply the law, the governing principles, the typicality of crimes, the manner and rules of sanctioning. Instead, the special part of criminal law includes the rules of criminalization and the content of crimes. Consequently, criminal law aims to defend legal values against crime and at the same time combat it, especially, criminal law is the main guarantor of the norms and rules provided by the Romanian Constitution, having as its main objective the independence and unity of the state as well as the safety of citizens.

Agora International Journal of Juridical SciencesVol. 18(2)
Agora University (RO)
Peace, Justice and strong institutions
Openalex Percentile: Top 59%
European Criminal Justice and Data Protection
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CRIMINAL LAW AS A BRANCH OF ROMANIAN LAW — Lavinia Reștea · Agora International Journal of Juridical Sciences (2024) | TGRS Research Map | TGRS