Autor: Cristinel Ghigheci
Publicat în: Revista Universul Juridic nr.3/2018
Disponibil online: aici.
Abstract: The commission of a crime gives rise to a criminal legal relationship of conflict between the
active subject (the person who committed the offense), on the one hand, and the passive subject of the
offense (the state as a representative of the society), on the other. This legal relationship. By virtue of
this legal relationship, the state has the right to use criminal proceedings against the offender, to
prosecute, apply and execute the sentence, and the latter has the obligation to answer for the
committed offense and to execute the punishment has been applied. This theory is a transposition in
the field of criminal liability of the social contract theory, developed by the french enlightenment
philosopher Jean Jacques Rousseau.
Keywords: criminal liability, criminal legal relationship, social contract theory