The Limitation of Liability in the Domain of the Criminal Law of the Orthodox Church and of the State. Comparative Aspects
The Limitation of Liability in the Domain of the Criminal Law of the Orthodox Church and of the State. Comparative Aspects

Summary/Abstract: The present study is a bit unusual for the legal publishing world, due to the fact that the subject of the limitation for the criminal liability of the Church was almost never approached, let alone compared to that from the state law. This article has as the aim to bring into the attention of the readers the beauty of the Church law institutions, their specifics, but also to point out the capacity of the ecclesiastical institutions of cooperating with those of the state. Although there are doctrinal theories that aim for a total separation between church law and state law , the two areas of law continue to interact and influence each other. Limitation is a legal institution very often encountered in the most important domains of law, such as civil law, criminal law but also church criminal law. In this sense, the constitutional Court itself stated in a rule that the institution of limitation is inherent to every system of law, answering to an objective need for legal discipline in social life . We can point out the universal or common nature that this institution has. In the present study I will analyze and compare certain legal aspects of the limitation of criminal liability both in the ecclesial, church sphere, as well as in the state. As main sources I wish to mention The Regulation of the Canonical Disciplinary Authorities and of the Courts ofLaw of the Romanian Orthodox Church , The New Penal Code , but also professional works done in the two fields.

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