ASPECTE COMPARATIVE PRIVIND CADRUL JURIDIC AL PEDEPSELOR PREVĂZUTE ÎN CODUL PENAL ȘI SANCȚIUNILE PREVĂZUTE ÎN CUPRINSUL O.U.G. NR. 195/2002 PRIVIND CIRCULAȚIA PE DRUMURILE PUBLICE
COMPARATIVE ASPECTS REGARDING THE LEGAL FRAMEWORK OF THE PENALTIES PROVIDED IN THE CRIMINAL CODE AND THE SANCTIONS PROVIDED IN THE CONTENTS OF THE O.U.G. NO. 195/2002 REGARDING TRAFFIC ON PUBLIC ROADS

Author(s): Alexandru Boroi, Maria Bianca Matei
Subject(s): Law, Constitution, Jurisprudence
Published by: Academia de Poliţie »Alexandru Ioan Cuza« Bucureşti
Keywords: criminal sanctions; main punishments; accessory punishments; contraventional sanctions; main sanctions; complementary sanctions
Summary/Abstract: Any violation of the law by committing an illegal act gives rise to a conflict between the will of the law and the will of the recipient who has behaved contrary to the norm of incrimination, a conflict that creates a juridical relationship of law within which the state exercises its right to hold accountable the the one who violated the law, and the latter has the obligation to bear the consequences of not complying with the law. In relation to the violation of these rules, the state must respond by restoring the legal order, which must materialize by bringing criminal, contraventional, civil, disciplinary liability. In this context, the provision of all procedural guarantees in respect of individual rights and liberties during a trial represents a desire aimed at guaranteeing the freedom of the person, so that on the basis of the administered evidence, the guilty party can be brought to justice.

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