romanian english

Mihai DUNEA, Maria Ioana MĂRCULESCU-MICHINICI: About the notion, the forms and the contents of the concept of "criminal legal report”

Abstract: This article analyzes a basic concept of the criminal-law theory, namely the institution of criminal legal report.  The concept in question is a theoretical juridical element with vocation of permanence, whose objective existence is imposed to the legislature itself, as an institution that transcends the normative transformations and jurisprudential adjustments. The article approaches this concept, primarily, for teaching purposes, also expanding, however, some controversial issues (including the highlighting of uncorrelated visions between different scholars, experts either in the field of general theory of law, either in the field of criminal law). Regarding some of those issues, the authors make certain proposals and assumes reasoned choices. Among other aspects, the article reaches the controversial issue of the singular or plural  manner in which a criminal legal report manifests itself, starting from the admission (or the lack of admission) of the existence of a cooperation (compliance) criminal legal report, apart from the generally accepted existence of a repressive (conflictual) criminal legal report. The authors argue the value of truth of the solution who claims that the criminal legal report presents a dual way of manifesting itself, also making some particular and dissident remarks compared to the vision assumed by the majority of the contemporary (Romanian) criminal doctrine.

Key words: criminal legal report; types; emergence; extinction; object; subjects; field (essence)


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