Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict

• Published in: Perspectives of Law and Public Administration Vol. 12; no. 1; pp. 50 - 56
• Main Author: Manole, Nela
• Format: Journal Article
• Language: English
• Published: Bucharest Society of Juridical and Administrative Sciences 01.03.2023; Societatea de Stiinte Juridice si Administrative; Societatea de Stiinte Juridice si Administrative (the Society of Juridical and Administrative Sciences); ADJURIS – International Academic Publisher
• Subjects: Administrative law; Coercion; Commercial law; Compliance; compliance criminal law report; conflict criminal law report; Constitutional law; Cooperation; Crime; Criminal justice policy; Criminal Law; criminal law rules; Defense; doctrine; judicial practice; Labor law; Legal norms; legal order; Norms; Personality; Provisions; Social values; Society; Succession; Trade; Values; conflict criminal law report; criminal law rules; legal order; crime; judicial practice; criminal law; doctrine; compliance criminal law report
• ISSN: 2601-7830; 2601-7830

Our theoretical approaches combined with judicial practice are motivated by the multitude of divergent opinions that have appeared in the Romanian criminal doctrine regarding these concepts. Thus, most Romanian authors, starting from the premises according to witch all legal norms are transposed by creating legal relations and other wise ignoring the normative character and the regulatory function that criminal law has in disciplining social conduct , reach the thesis according to which there is also a criminal legal relationship of compliance , this being an expression, a form of dynamic manifestation of the social defense relations that emanated from the norm of criminal law since its entry into force. The defense of social values is achieved mainly through criminal legal means (criminal law), through extra-legal means of educational, social, cultural, economic, as well as through extra-criminal legal norms of commercial law, administrative law, labor law, of constitutional law etc. Criminal law is rightly considered the result of a dialectical process and not of an ideal creative process. The two sides of criminal policy, namely special preventive action and repressive reaction, are achieved through criminal law mainly, which by its rules provides both the conduct to be followed by the recipients of criminal law and the necessary reaction against crime to restore order right. As such, the criminal law order is achieved by observing the provisions of the criminal law, the criminal coercion intervening only in the case of committing certain crimes. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment.