Ansätze Des Rechtlicheseintrachtprinzips Im Strafrecht
The Basics of the Principle of Legal Concord in Criminal Law
Author(s): Jonas Prapiestis, Agnė BaranskaitėSubject(s): Constitutional Law, Criminal Law, Criminology, Penal Policy
Published by: Mykolas Romeris University
Keywords: constitutional principle of legal concord; constitutional jurisprudence; penal law-making; reconciliation function of criminal law;
Summary/Abstract: In societies of high legal culture, criminal law is regarded as a protective and repressive measure of the state, as an imperative of crime and inevitable punishment (as a strict rule). Therefore, the article attempts to show the fact that the entirety of the provisions and norms of criminal law, consolidated in a modern democratic state under the rule of law (or, at least, a state that is attempting to become such a state), allows for the assertion that the purpose of criminal law is coordination or, at least, the balance of the interests of conflicting subjects—the victim and the culprit, the culprit and the state.
Journal: Jurisprudencija
- Issue Year: 18/2011
- Issue No: 1
- Page Range: 285-302
- Page Count: 18
- Language: German