EXCESUL DE REGLEMENTARE PENALĂ ŞI CONSECINŢELE SALE
THE EXTENSION OF CRIMINAL SETTLEMENT AND ITS CONSEQUENCES

Summary/Abstract: he restriction of rights and freedoms is governed by the principles of legality ("only by law"), subsidiarity ("only if necessary"), proportionality ("the measure must be proportionate to the situation it has caused ") and non-discrimination (" applied without discrimination "). Given their imperative nature, whether they stop certain actions (prohibitive rules) and even more when they impose others (onerative rules), the rules of criminal law may constitute "the road of servitude" if they do not serve more for the defense of civil rights and freedoms and are not justified by the general interest, but by the interest of the political power. In any case, the excess of penal normativism can not be the ideal of the rule of law. The excess of penal regulation can only be the betrayed ideal of a failed revolution.

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