Liberalization of the Principles of Criminal Law. Towards a Postmodern Criminal Law in Romania?
Liberalization of the Principles of Criminal Law. Towards a Postmodern Criminal Law in Romania?

Summary/Abstract: One of the main objectives of Romanian new Criminal Code was to adapt the criminal legislation to the liberal principles. Thus, the principles of the Criminal law are nothing else but an application in this domain of the liberal precepts: legality of criminal offences and punishments, subsidiarity of criminal law, the principle of individualization, the principle of personal liability, humanism of criminal law. The study aims to analyse the epistemic rupture in our societies due to the ideas of postmodernism who is trying to overstep the modernity by including it, rupture also reflected in the Romanian criminal law. With this study we wish to see in which degree the modern principles of criminal law are affected by the postmodern ideas: the rising demand for security in a time when the future is perceived as menace full and risk full; the loss of faith in the universal abstract Ration; the multiplication of the instruments to response to crime; the attempt to privatize the alternative responses to the traditional criminal law by creating a “network reaction” instead of an hierarchized one which created a “culture of control”; and the emergence of the “culture of negotiation” in criminal law.

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