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Remus Daniel Berlingher and Georgeta Valeria Sabau

Abstract

Law is a system of norms developed and/or recognized by the state as norms guiding human behaviour according to the values of that particular society, establishing rights and obligations, principles and definitions, structures and relationships of social organization and activity that must be obeyed and which, when necessary, are insured by the coercive force of the state. Thus, the development of this system of norms is not an end in itself, but is intended to regulate all social relations, guide human behaviours and achieve the aims of the law. The enforcement of law is the process of translating legal rules into practice, through which the subjects of law obey and execute legal norms, and state authorities apply them, depending on their competence. The enforcement of law depends on a number of factors that shape law, such as its natural framework of existence, the historical context and the ethnic and national particularities of that community’s development, the economic factor or framework, the framework and particularities of the political system, the cultural-ideological framework or factor, the international framework or factor, etc.

Open access

Georgeta Valeria Sabau and Pantilimon Cioia

Abstract

The passing of the new codes was justified by the legislator by taking into account both the comparative law in the field, as well as the social and economic realities, the evolution of the doctrine and jurisprudence, the need for readjusting the punitive treatment within the normal limits, the simplification of the incriminatory texts and the need to avoid the overlapping of various criminal provisions.

The current paper aims to analyze the offenses against the justice process, which have come to know new nuances in the current penal configuration, being distinctively specified in Title IV of the Penal Code‟s Special Part; the syntagm “Crimes hindering justice” has been replaced with “Crimes against the carrying out of justice”, since these crimes have not always effectively prevented justice from being carried out; sometimes they only posed a threat to the justice process. The changes regarding these offenses were justified by the legislator by invoking the need to ensure the legality, impartiality, independence and unwavering nature when carrying out the justice process, new incriminations being brought up and other criminal acts being rethought, which were already criminalized by the previous legislation.