Aspecte teoretice și practice privind principiul legalității incriminării după intrarea în vigoare a noului Cod penal
Theoretical and Practical Aspects Regarding the Principle of Legality of Incrimination After the Entry into Force of the New Criminal Code

Author(s): Maria Oprea
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: incrimination legality principle; lex scripta; lex certain; quarantine; home self-isolation;
Summary/Abstract: The article aims to provide an analysis for the infraction of „dampening the disease control”, regulated by Article 352 Criminal Code, from the perspective of complying with the exigencies of the incrimination legality principle related to lex scripta and lex certa. In this respect, the provisions of the above-mentioned framework incrimination are examined mentioning the decisions of the Constitutional Court and the provisions of the completing guideline. Therewith, de lege ferenda proposals are issued with reference to the definition of some concepts such as „quarantine”, „home self-isolation” or obligations incumbent to the recipients of the criminal law for preventing or controlling the infectious diseases

• Details
• Contents