THE CONCEPT AND MEANING OF LEGAL SECURITY IN CRIMINAL LAW (original) (raw)

GUARANTEE: CRIMINAL LAW AS AN INSTRUMENT FOR THE PROTECTION OF LEGAL ASSETS (Atena Editora)

GUARANTEE: CRIMINAL LAW AS AN INSTRUMENT FOR THE PROTECTION OF LEGAL ASSETS (Atena Editora), 2024

The article aims to investigate Criminal Law through the contributions of guarantyism. It is an analysis of its aspects, based on the legal good based on the statements provided for in the constitution, as well as the study of criminal law as use of force. It also emphasizes the role of Criminal Law in defending the constitution of the Democratic State of Law.

Security and Criminal Policy

Acta Universitatis Danubius : Juridica, 2016

The current period of the public evolution can be identified as one of the global (economic, financial, political, social, legal and moral) periods of crisis. In worsened crisis conditions the level of crimes remains at such a level when it is hard to control them by means of law enforcement authority capacity of institution resources and workload exceeds its limits. Great role in combating of crimes is attributed to prevention. To a certain extent, the goals of state criminal law policy are not only to punish, but to restore the possible truth as well, to prevent the society, to resocialize and prevent the people from committing of crimes. The investments into people's educational policy is incomparably more important than capturing of the offenders, their punishment and execution of the sentence. When working out crime prevention measures in criminal law police, one should use also foreign experience and the latest technologies. We perceive criminal law policy as the state activity in provision of legal order in individual's protection from crimes, violation of the rights, and implementation of the law enforcement.

Legality and the Prosecution of Crimes

1989

The author makes an attempt to define the notion of legality in criminal justice. In the course of this he points out the differences between legality and officiality /to proceed ex officio/, and also determines the element of the principle of legality. The study deals among these with the duty of the state to investigate crimes, in details. It calls the attention to the constitutional problems being rooted in the selective prosecution of crimes, which also appear as problems concerning the distribution of power between the legislator and the agencies applying the law. The author challenges the principle of mandatory prosecution of all crimes because its enforcement cannot be granted which also raises constitutional tensions.

Applying the Legal Security Principle in Administrative Law

Abstract: The objective of the paper is founded on a very current topic and content analysis, through a descriptive study research, this study aims at identifying the content of the legal security principle and the way in which the courts in Romania, the public authorities achieve a proper application of this European principle. For this purpose, it was achieved an analysis of specific objectives aiming at, in particular, the requirements of legal security principle and the way in which they manifest in the national law. We appreciate that, although it does assignment in the Romanian legislation, being a creation of jurisprudence, the legal security principle is in the current context, a fundamental principle of state law, which should give every citizen the opportunity to evolve into a secured, predictable legal environment.

Security: a supranational legal asset

Janus Net, 2012

This paper discusses the concept of security as a manysided, multifunctional and multilevel regulation topology which requires its several actors to view legal assets from a polygonal perspective worthy of legal protection from local to global and from global to local space. The concept of security as a supranational legal asset requires criminal legislation which defines the principles of criminal policy and the intervention of criminal Law, barriers to security trends and to the attempt to enhance the principle of presumed hazard as a basis for criminal intervention. We contend that the obstacle to "human self-objectification" in the global polygon is a (new) world legal order as humanity's future balance.

Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression

DANUBE: Law and Economics Review

This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of legal persons. After defining the liability of legal persons in the relevant legal regulations, the paper presents an interpretation of subsidiarity in Section 12(2) of the Criminal Code that is significantly different from the “official” opinion. Subsequently, the paper discusses certain criminal law situations in which the application of subsidiarity would lead to the conclusion that the legal person is not punishable (“non-criminality”). The first aim was thus to present the theoretical concept of subsidiarity of criminal repression, which would be methodologically correct, and therefore generally applicable. The second objective was directed at demonstrating that this construct can be applied to specific examples of the liability of legal persons, that is, that it can be applied to the activities of the bodies in charge of ...

CRIMINAL LAW AS A TOOL FOR STRENGTHENING LEGALITY AND LAW ENFORCEMENT IN THE SOCIETY

ADVED 4th International Conference On Advances In Education And Social Sciences, 2018

Legality is a multidimensional and multifaceted phenomenon. It permeates and reflects all the legal life of the society, penetrates into other spheres of life, the state, and individual. Legality reflects the state of public relations, the nature and characteristics of the state structure and political regime, testifies to the reality of existing rights and freedoms in the society. According to the state of legality, it is possible to judge the state and society at a certain stage of their development. That is why the problem of legality has always been, is and will be extremely relevant. This study focuses on the use of criminal law as a means of combating crime. The problems associated with the frequent and not always logical reforms of the criminal legal system are pointed out. The article also analyzes analogous experience of foreign countries. The goal is achieved by solving a number of problems:-Explore the features of law as an instrument for strengthening the rule of law and order in the society;-Investigate the process of law-making activity, to identify a system of priorities in the legislative regulation of public relations governed by criminal law;-Highlight the problem of improving legal regulation in the Russian Federation taking into account international experience. The research methodology is based on both qualitative and quantitative analysis, as well as on the method of the empirical experiment. In-depth study of laws and other normative acts was carried out using specific research methods, logical, statistical and content analysis. The authors relied on the results of research by Russian and foreign theorists of law in the relevant and related fields. The results of the research can be used to determine the optimal goals and objectives of the legal impact in the society and improve the functioning of legal systems in law-making, law enforcement, research activities, as well as in educational activities, in particular, in lectures and seminars on criminal law of Russia and foreign countries. Keywords: I criminal law, legality, law and order, sources of criminal law, criminal law policy, the gap of norms.

Enforcement in Time of the Criminal Law in Relation with the New Criminal Legislation

2013

The author accomplish a comparative examination over the criminal law provisions related to the enforcement of the more favorable criminal law in opposition with the previous regulation, underlining the added value and the shortcomings of the new Criminal Code. The presentation methods are based on examples, personal opinions and suggestions meant to improve the legal text subjected to this assessment. Finally, the author draws up his personal conclusions concerning the subject in question, briefly adding the main de lege ferenda proposals for the enhancement of the new criminal legislation.

CONCEPT OF SECURITY (KONCEPT BEZBEDNOSTI-prevod sa srpskog na engleski

National security has figured prominently in academic and political discussions of foreign and international policy since the end of World War II. No social term or concept has been so abused and misused as national security. The purpose of this paper is to try to explain the concept of security in a broader context so that it can be applied at multiple levels, but with special reference to national security. The purpose is to define security as a policy objective, clear enough to distinguish it from other objectives. In order to carry out a closer conceptual definition, it is necessary to identify certain "specifications" or "determinations" of security, which can facilitate the analysis of the expediency of the security policy. If this notion is to survive for use in political analysis or theory, conceptual definitions (specifications) will be necessary, which are explained here, and one can start by defining security as a policy goal and proceed to further define policy as a means to that goal.