The object of criminal law
The object of criminal law

Summary/Abstract: In current criminal law doctrine, the prevailing opinion is that criminal law regulates both the criminal offence and the punishment. Moreover, this opinion coexists with another, according to which criminal law regulates a subjective right of the state to punishand therefore generates a “legal relationship” between the state and the offender. Such opinions are, however, fallacious and, in order to clarify the matter, the author provides an insight through the philosophy of law, helping her highlight several aspects, such as: the fact that the sanction is not a juridical (legal) norm element; the fact that any juridical (legal) norm comprises a precept and a hypothesis; the fact that two vast categories of juridical (legal) norms can be distinguished, namely “determining norms”, which regulate obligations, and “sanctioning norms” (coercive ones), regulating sanctions etc. Next, by analysing thecriminal provisions, from this perspective, the author formulates five conclusions, as follows:the fact that there is no “subjective right” to punishment; that fact that a criminal offence isnot “regulated” (legislated), but forbidden by the law; the fact that the object of criminal law has to be determined starting from general criminal norms instead of incriminating norms; the fact that criminal law is self-regulating (it sets forth the scope and content of criminallaws); the fact that the punishment is the fundamental notion in any criminal law.

• Details
• Contents