THE PRINCIPLE OF THE ACTIVITY OF CRIMINAL LAW AND THE EXTENT OF IMPACT OF A TEMPORAL LAW Cover Image

Principiul activităţii legii penale şi limitele de incidenţă a unei legi din punct de vedere temporal
THE PRINCIPLE OF THE ACTIVITY OF CRIMINAL LAW AND THE EXTENT OF IMPACT OF A TEMPORAL LAW

Author(s): Bogdan Giurcă
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: entry into force; legal efficiency; repeal; constitutionality; desuetude;

Summary/Abstract: In the new Criminal Code, in the article 4 are fully provided the provisions of the article 10 in force. The difference compared to previous legislation is that the entire section regarding the application of the criminal law in time, it was before the last section on the application of the criminal law in space. The argument for this replanning is that in previous domestic criminal codes (from 1865, from 1936) priority had the institution concerning the application of the criminal law in time. Moreover, not only the Romanian Criminal Codes adopted this solution, but also the foreign ones. Another argument in this sense, was that, prior to analysis of the application of criminal law in space, it is necessary that the will of the legislator to join under certain temporal conditions, i.e. to take the form of the law that may come into force on a determined date and to become compulsory for all its recipients. These items involve precisely the priority examination of the application of the law in time.

  • Issue Year: II/2014
  • Issue No: II
  • Page Range: 512-517
  • Page Count: 6
  • Language: Romanian