CONSTITUŢIONALIZAREA DREPTULUI PENAL MODERN: DE LA REPRESIUNE LA PROTECŢIA VALORILOR FUNDAMENTALE
THE CONSTITUTIONALISATION OF MODERN CRIMINAL LAW: FROM REPRESSION TO THE PROTECTION OF CORE VALUES

Summary/Abstract: This study offers a theoretical analysis of the process of constitutionalisation of criminal law, by reference to constitutional case law and to the evolution of the rule of law. We will examine the extent to which constitutional principles such as legality, proportionality, foreseeability and legal certainty have reshaped the traditional structure of criminal liability, leading to a reorientation of its meaning: from criminal law as repression to criminal law as protection and a guarantee of core values. From this perspective, the constitutionalisation of criminal law is an expression of the maturity of the rule of law, in which the coercive force of criminal law is indissolubly tied to the obligation to respect the integrity and value of the human being.

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