CONSIDERAŢII GENERALE ÎN LEGĂTURĂ CU RĂSPUNDEREA PENALĂ
GENERAL CONSIDERATIONS ON CRIMINAL LIABILITY

Summary/Abstract: The commission of a crime gives rise to a criminal legal relationship of conflict between the active subject (the person who committed the offense), on the one hand, and the passive subject of the offense (the state as a representative of the society), on the other. This legal relationship. By virtue of this legal relationship, the state has the right to use criminal proceedings against the offender, to prosecute, apply and execute the sentence, and the latter has the obligation to answer for the committed offense and to execute the punishment has been applied. This theory is a transposition in the field of criminal liability of the social contract theory, developed by the french enlightenment philosopher Jean Jacques Rousseau.

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