The Legal Regime of Contraventions Between the European Criminal Interpretation and the National Approach
The Legal Regime of Contraventions Between the European Criminal Interpretation and the National Approach

Author(s): Marius-Adrian Arva
Subject(s): Criminology, Nationalism Studies
Published by: Scientia Moralitas Research Institute
Keywords: criminal charge; contraventional law; decriminalization; mental incapacity;
Summary/Abstract: In an interdisciplinary manner, through this study, we aim to highlight the outlook attributed by the European Court of Human Rights to the contravention area as a species of criminal law, the deeds characterized in the Romanian legislative system as contraventions enjoying the same treatment as any other criminal offence. We also capture the effects of the contraventional liability removal of certain deeds sanctioned by national law, in contrast to the operable decriminalization in penal law. Last but not least, having as research object, the comparative analysis of the particularities that characterize the Romanian contraventional law, we propose to debate some inadvertences for which the contraventional spectrum must be held to adapt to the accuracy imposed by the criminal law.

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