Considerații generale privind infracțiunile contra persoanei
General Considerations Regarding The Crimes Against The Person

Author(s): Ion Ristea
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: Medieval Regulations; Criminal Codes; Preexisting Conditions; Protection of The Person; Legal Content;
Summary/Abstract: Considering the special importance of social relations regarding the human person, which constitutes the generic legal object of these categories of crimes, the author of this material, on the one hand, carried out an evolutionary-historical presentation of these offences, and on the other hand highlighted their specific common aspects. Regarding the first aspect, the author was able to demonstrate that the protection of the person through the mediation of the criminal law has concerned the Romanian society since ancient times, this results from the old penal legislations printed during the Middle Ages (for example, the Correction of the Law, from 1652) the regulations that appeared in the modern society that succeeded the medieval period (e.g. the Penal Code of 1864) and the codification in the contemporary society that succeeded the modern period (e.g. the Penal Code of 2009). Regarding the second aspect, were revealed common aspects whose analysis is necessary for the overall characterization of this category of crimes in relation to the pre-existing conditions (the legal object and the material object, the subjects of the crimes, the place and time of the crimes), the structure and the legal content (premise situation, objective and subjective constitutive content), forms, methods, sanctions and procedural aspects. From the material, the conclusion emerges that the protection of the person by means of the criminal law represented and represents one of the most important objectives of the criminal law, since the human person was and is protected both in terms of his physical personality and his moral personality but drawing criminal liability must be carried out in full compliance with the general and special conditions of incrimination.

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