Noua legislatie penala romana si conformitatea acesteia cu principiile Manifestului referitor la politica penala europeana
New Romanian Criminal Legislation and its Conformity with the Principles in the Manifesto on European Criminal Policy

Summary/Abstract: The author of the article, senior lecturer Sergiu Bogdan, PhD and head of the Criminal Sciences Department at the Faculty of Law, Babes-Bolyai University in Cluj-Napoca, starts his study with a presentation of the principles displayed in the Manifesto on European Criminal Policy, elaborated by the European Criminal Policy Initiative, an academic group of criminal law professors whose member the author is. The said group has made a first step towards enacting some criminal law principles, unanimously accepted at EU level, not by just taking over national penal systems whose principles are already fully acknowledged, in order to export it to the EU, but instead, they wanted to create an autonomous system of principles that somewhat derive from European law heritage and which will turn the European criminal policy into a coherent and equidistant one, without affecting any of penal systems of Member States. The author has further on followed the way in which certain provisions in the new Penal Code are pursuant to the principles proposed by the manifesto. The author has saluted the legislator’s initiative as regards the newly settled offence of harassment, but as regards other recent offences, such as those on electoral legislation or the obstruction of justice, the author critically considers that protection of the social values concerned could have been achieved by other means, given the principle of minimal intervention (ultima ratio) in criminal law. Finally, the new provisions of the Code have been analysed also in relation with the evolution of European law, following the Lisbon Treaty.

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