Legislative changes governed by the new criminal code in defining the notion of offense. Legislator's orientation: Romanian legislative tradition and european legal systems

• Author: Laura Roxana Popoviciu
• Position: Law and Economics Faculty, Social Sciences Department, Agora University of Oradea, Oradea, Romania
• Pages: 153-161

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2012), pp. 153-161

153

LEGISLATIVE CHANGES GOVERNED BY THE NEW CRIMINAL

CODE IN DEFINING THE NOTION OF OFFENSE. LEGISLATOR’S

ORIENTATION:

ROMANIAN LEGISLATIVE TRADITION AND EUROPEAN LEGAL

SYSTEMS

L. R. Popoviciu

Laura-Roxana Popoviciu

Law and Economics Faculty, Social Sciences Department,

Agora University of Oradea, Oradea, Romania

*Correspondence: Laura-Roxana Popoviciu, Agora University of Oradea, Romania,

8 Piaa Tineretului St., Oradea, Romania

E-mail: lpopoviciu@yahoo.com

Abstract

This article deals the most important institution of the Romanian criminal law, the

institution of the offense, therefore, the legislator and theoreticians’ preoccupation in defining

it is fair.

Usually all the concepts or legal notions are defined by judicial doctrine and only

some of these are found expressly defined in the laws in force.

Regarding the judicial concept of offense, Romanian criminal law defines it from the

theoreticians and pedants’ point of view, but also from the legislator’s point of view because

the systematic and scientific regulation of relations of social defense cannot be reduced to the

preparation of special criminal rules, which provide for prohibited actions as offenses and

related penalties.

Key words: offense, institution of law, legislator, social values, guilt.

Introduction

Some human actions threaten fundamental social-human values.

These actions are contrary to social behavior necessary for the normal operation of

the society. Why are these actions considered to be undermining of normality? Because they

generate social conflict.

Although conflicts in general can sometimes have deeper roots or causes, placed in

the individual’s subconscious and from the perspective of the analyzed material, we can

notice that they are eminently social, interpersonal conflicts, arising out of the damage of

some individual or collective rights, stipulated in regulations

1

.

How can stability of social structure be realized? Only by protecting social-human

attributes, and this imposes certain social relations by essential legal regulations.

Individuals’ behavior is allowed by social relations, that protect fundamental values but,

when they committed some criminal actions, by breaking prohibitive rule, these persons

become active subjects of the offense

2

.

1

Lavinia Onica Chipea, Conflict of interests and rights conflict, different categories of work related c onflicts, in

Annals of the University of Oradea, Fascicle of Textiles – Leatherwork, CD- ROM Edition, volume I, 2010,

ISSN 1582-5590, p. 220.

2

I. T nsescu, C. Tnsescu, G. Tnsescu, Drept pe nal general, All Beck P ublishing House, Bucharest, 2002,

p. 165.