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Some Theoretical and Legal Reflections on the Order of Criminal Law, the Criminal Legal Relationship of Compliance and the Criminal Legal Relationship of Conflict
Authors: Lecturer Nela MANOLE
Number of views: 18
Our theoretical approaches combined with judicial practice are motivated by the multitude of divergent opinions
that have appeared in the Romanian criminal doctrine regarding these concepts. Thus, most Romanian authors, starting
from the premises according to witch all legal norms are transposed by creating legal relations and otherwise ignoring
the normative character and the regulatory function that criminal law has in disciplining social conduct , reach the thesis
according to which there is also a criminal legal relationship of compliance , this being an expression, a form of dynamic
manifestation of the social defense relations that emanated from the norm of criminal law since its entry into force. The
defense of social values is achieved mainly through criminal legal means (criminal law), through extra-legal means of
educational, social, cultural, economic, as well as through extra-criminal legal norms of commercial law, administrative
law, labor law, of constitutional law etc. Criminal law is rightly considered the result of a dialectical process and not of
an ideal creative process2
. The two sides of criminal policy, namely special preventive action and repressive reaction,
are achieved through criminal law mainly, which by its rules provides both the conduct to be followed by the recipients
of criminal law and the necessary reaction against crime to restore order right. As such, the criminal law order is achieved
by observing the provisions of the criminal law, the criminal coercion intervening only in the case of committing certain
crimes. It can be noted that the legal order has a complex and dynamic character, which is a succession of plans, the
preventive preceding the repressive, and the latter aimed at the corrective - in the sense of criminal treatment. It can be
noted that the legal order has a complex and dynamic character, which is a succession of plans, the preventive preceding
the repressive, and the latter aimed at the corrective - in the sense of criminal treatment.