Proporționalitatea protecției penale
Proportionality of criminal protection

Summary/Abstract: In order to achieve the goal of criminal law, the legislator has to adopt the instruments required for the prevention and the punishment of criminal offences. The measures chosen by the legislator have to be appropriate, necessary and proportional to the gravity of the conduct punished [nulla poena (sanctio) sine crimine et necessitate]. In other words, the legislator is bound to observe the rule (principle) of proportionality of criminal protection of social values. The principle of proportionality of criminal reaction has two main sides: an extrinsic one, that is the subsidiarity of criminal means in fighting the antisocial acts and an intrinsic one, namely the necessity of a correspondence between the degree of harm caused in the society by the criminal offences and the strict nature of the measures concerning those committing such acts.

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