Criminal Policy in Constitutional Democracy. Terminology and Concept

ABSTRACT. In this paper, concept of is examined by doctrine in two ways. In a broad sense, as rule or bill of sense that is taken into account by legislator through provisions of article 141 of Criminal Code. In another sense (narrow), concept of means normative act issued by Parliament after a special procedure and which contains rules of (article 76 of Constitution)Keywords: normative act, ordinary code, special lawIn science of criminology, expression criminal law is intended to describe its usual meaning of bill issued by supreme organ of power, which contains rules of law.1The concept of is examined by doctrine in two ways. In a broad sense, as rule or bill of sense that is taken into account by legislator through provisions of article 141 of Criminal Code. In another sense (narrow), concept of means normative act issued by Parliament after a special procedure and which contains rules of (article 76 of Constitution).The provisions of art. 141 of Criminal Code in force is given a special meaning, derived from need to provide a basis for identification of rules, regardless of their source- of any provision, contained in laws and decrees. The penal character of legal rule would be subsequently inferred from content of that according to criteria that delimit norms of ones of non-criminal nature.Starting from usual meaning of criminal law, name of general laws is given to ordinary code. In some legal systems, there are also codes of military justice. In our country, military justice code of 1937 was repealed by Criminal Law of 1969. The ordinary codes are understood as sets of rules of systematized according to certain criteria and containing both general rules as principles and most of special, incriminating norms, i.e. all norms that make up what is called common or usual law. In contrast, name of special is given to laws containing provisions derogating from common regarding special situations, which require special regulation. Usually, special laws are ones that criminalize and punish as offenses dangerous deeds unmentioned in Criminal Code, completing in this way, special side of law.According to Article 1 of Criminal code in force, the Law defends against crime, Romania, sovereignty, independence, unity and indivisibility of state, individual, its rights and freedoms, property, and all order of law.Even if in force would not have established by one of its provisions that its purpose is to protect society against crimes, this role is self-implied. By concept, criminalizes only those facts considered to harm or endanger social values of social group.2 For this purpose, special laws are developed as an instrument of protection of social order, of ensuring good understanding and good coexistence among people in society, by using most severe forms of legal coercion - punishment.The purpose of during previous political regime, was also to highlight a one certain aspect of its character (and of whole legal system): that is to be instrument of a certain social class, which after gaining supremacy in state, accomplishes by legal its own ideals of transformation of society.Political and social transformations occurring after December 1989 have fundamentally changed this view, new society promoting idea of state based on democracy and human rights, in which it is accomplished good cohabitation of all members of society, without distinction of class, wealth, religion, national affiliation, culture, gender, etc. …