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The object of criminal law Abstract: In current criminal law doctrine, the prevailing opinion is that criminal law regulates both the criminal offence and the punishment. Moreover, this opinion coexists with another, according to which criminal law regulates a subjective right of the state to punish and therefore generates a “legal relationship” between the state and the offender. Such opinions are, however, fallacious and, in order to clarify the matter, the author provides an insight through the philosophy of law, helping her highlight several aspects, such as: the fact that the sanction is not a juridical (legal) norm element; the fact that any juridical (legal) norm comprises a precept and a hypothesis; the fact that two vast categories of juridical (legal) norms can be distinguished, namely “determining norms”, which regulate obligations, and “sanctioning norms” (coercive ones), regulating sanctions etc. Next, by analysing the criminal provisions, from this perspective, the author formulates five conclusions, as follows: the fact that there is no “subjective right” to punishment; that fact that a criminal offence is not “regulated” (legislated), but forbidden by the law; the fact that the object of criminal law has to be determined starting from general criminal norms instead of incriminating norms; the fact that criminal law is self-regulating (it sets forth the scope and content of criminal laws); the fact that the punishment is the fundamental notion in any criminal law

Author

Listed:
  • Mioara-Ketty Guiu

    (associate scientific researcher of the “Acad. Andrei Radulescu” Legal Research Institute of the Romanian Academy, Romania)

Abstract

No abstract is available for this item.

Suggested Citation

  • Mioara-Ketty Guiu, 2019. "The object of criminal law Abstract: In current criminal law doctrine, the prevailing opinion is that criminal law regulates both the criminal offence and the punishment. Moreover, this opinion coexis," Juridical Tribune (Tribuna Juridica), Bucharest Academy of Economic Studies, Law Department, vol. 9(Special), pages 47-59, October.
  • Handle: RePEc:asr:journl:v:9:y:2019:i:special:p:47-59
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    More about this item

    Keywords

    incrimination; penalty; punishment; criminal law.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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