Principiul legalității în dreptul penal. Scurte considerații
The Principle of Legality in Criminal Law. Short Considerations
Author(s): Versavia Brutaru
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: Criminal Law; Principle of Legality; Substantial Justice; Interpretation;
Summary/Abstract: Having its origin in Roman law and being formulated in its established version, nullum crimen, nulla poena sine praevia lege poenali (by Feuerbach), the principle of legality has always aimed to prevent arbitrariness in the field of criminal law. From this point of view, in light of the fact that criminal law is substantially defined by the content given to it through interpretation, it is natural that the principle of legality plays an essential role in preventing arbitrariness in the context of judicial interpretation. At the same time, the restrictions arising from the requirements of the principle of legality have constantly collided, over time, with the need for the effectiveness of criminal rules or the issue of achieving substantial justice.
Book: Principiile constituționale fundamentale și reflectarea lor în ramurile sistemului juridic românesc
- Page Range: 296-303
- Page Count: 8
- Publication Year: 2024
- Language: Romanian
- Content File-PDF