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
SUMMARY

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... (see full summary)

 
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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 Piaa 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 nsescu, C. Tnsescu, G. Tnsescu, Drept pe nal general, All Beck P ublishing House, Bucharest, 2002,
p. 165.

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