O perspectivă metodologică asupra definirii dreptului penal
A Methodological Perspective on the Definition of Criminal Law

Summary/Abstract: The predictability of legislation and case law in criminal matters, and consequently the issue of unpredictability, are usually treated as isolated issues related to certain criminal law institutions. However, predictability is a systemic problem. Therefore, the predictability of the criminal system must be approached from the same perspective. If the intervention and the solutions are only punctual, we only solve a particular issue temporarily, while the systemic dysfunction is maintained. One of the reasons for the lack of predictability of the criminal system is the flawed methodology of defining criminal law, whose shortcomings are directly and deeply reflected in the system itself. This is the reason why the purpose of this paper is to change the perspective on defining criminal law, to address the issue of definition starting from another methodology in order to highlight the fact that the preconditions of defining criminal law are sources of unpredictability.

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