STRUCTURA LOGICO-JURIDICĂ A NORMELOR PENALE ŞI ÎNCADRAREA INFRACŢIUNILOR
THE LOGICAL-LEGAL STRUCTURE OF THE CRIMINAL RULES AND THE CLASSIFICATION OF CRIMES

Summary/Abstract: The research field of this study is formed by a specific reference element of criminal law, represented by the issue of the legal classification of crimes, defined as a logical-legal process that reflects a mental activity through which the interpreter of the criminal law places a prejudicial act in the pattern of the criminal law. The legal classification of the crime is a mandatory premise for the application of the criminal law by the court, thus conditioning in the most direct way the quality of the judicial act in the field of criminal law. For these reasons, the classification of crimes must express the requirements arising from the principle of criminal legality, so that the transposition into life of the criminal law is perfectly suitable and dimensioned to the will of the legislator. It is inescapable that at the basis of the correct legal classification of crimes lies the exegetical knowledge of criminal law, knowledge that must be based, first of all, on the study of the objective and subjective signs through which the legislator formulates the legal content of the crimes. Starting from these reasons, we considered it appropriate to approach how the signs of the content of the crime can be deciphered in the process of legal framing by taking into account the legislative techniques and particularities through which their description takes place within the criminal law. Therefore, the immediate objective pursued by us in carrying out this study is to provide the interpreter of the criminal law with some cognitive conceptual benchmarks, and the mediated one - to facilitate the process of legal framing of the crime in the practical activity of realizing the criminal law.

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