ASPECTS OF COMPARATIVE LAW REGARDING THE REGULATION OF RELAPSE AND ATTEMPT
ASPECTS OF COMPARATIVE LAW REGARDING THE REGULATION OF RELAPSE AND ATTEMPT

Summary/Abstract: In the European law, lato sensu, we distinguish between two great legal systems, namely the Romano-Germanic legal system and the Anglo-Saxon one, the main difference between them consisting in the way in which the judicial truth is approached.Thus, if within the Roman-German legal system the approach is, in principle, of the inquisitorial type, in the Anglo-Saxon system it is of the adversarial type.The difference resides in the fact that within the inquisitorial type, the legal truth must be identical with the real, objective truth, namely the courts cannot retain anything other than what actually happened, while the adversarial system proposes a reconstituted judicial truth, resulting from the administration of evidence, truth that may differ from objective one.The Anglo-Saxon legal system is mostly an unwritten one, having as source of law the legal precedent.Criminal law in most states where the Romano-German legal system is applicable has its main source in the Criminal Code. Countries such as Romania, France, Spain or Germany have developed criminal legislation in the form of codes containing rules and institutions of law. Among the fundamental institutions of the criminal code, our brief analysis aims the relapse and attempt.

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