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Între a preveni şi a pedepsi: un nou tip de acţiune penală în România interbelică
Between Punishment and Prevention: a New Type of Penal Action in Interwar Romania
[journal article]
Abstract This article deals with the emergence of a new type of crime prevention in
interwar Romania. Inspired by the Italian school of criminal law and by the
Italian Criminal Code ”Rocco” (1930), the Romanian Criminal Code ”King Carol
II” (1936) formulates a new type of criminal sanctions, explicitly de... view more
This article deals with the emergence of a new type of crime prevention in
interwar Romania. Inspired by the Italian school of criminal law and by the
Italian Criminal Code ”Rocco” (1930), the Romanian Criminal Code ”King Carol
II” (1936) formulates a new type of criminal sanctions, explicitly designed to
address and combat the social dangerousness. Regarded as a major challenge to
the classic criminal system based on free will and guilt, the ”security measures”
were formalizing new types of offenders defined as such not by their criminal
acts but by their criminal potential, redefining the scope and the goal of the
criminal prevention. Major debates in the epoch reveal the possible threats this
new type of criminal sanctions and of a criminal policy orientated towards risk
prevention, seen as closely connected with authoritarian tendencies, carried for
individual freedom and the rule of law. The legal issues discussed in the epoch prove significant for the current debates regarding the negative consequences the
preventive War on Terror have for individual freedom and the rule of law.... view less
Keywords
Romania; peace time; penal code; prosecution; domestic security; criminality; prevention; crime fighting; criminal law; constitutional state
Classification
Law
Criminal Sociology, Sociology of Law
Document language
Romanian, Moldavian, Moldovan
Publication Year
2013
Page/Pages
p. 477-497
Journal
Studia Politica: Romanian Political Science Review, 13 (2013) 3
ISSN
1582-4551
Status
Published Version; peer reviewed
Licence
Creative Commons - Attribution-Noncommercial-No Derivative Works