Etica și echitatea în dreptul penal: de la principiu la executare
Ethics and Equity in Criminal Law: From Principle to Execution

Summary/Abstract: This paper aims to capture the relationship between ethics and equity, by referring to the position approached by the Romanian legislator in the criminal law norms. In our opinion, the demands of fairness in the criminal process cannot be viewed outside the limits of what is considered moral, legitimate, acceptable in a controlled time and space. We will analyze the issue of the principle of equity, as a pillar of modern legal systems, following the coordinates drawn by the main ethical theories of Antiquity. Ethical theories have the attribute of being both a consequence and an essential feature of the society that formulates them: thus, we find ourselves in a position to analyze the relevance of these theories in the context of modern society. The conclusions show us that the ethics and morality of ancient societies endure and continue to produce effects in the courts, both at the European and national level, from the Constitution, to codes of ethics and to the implementing laws.

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