Autor: Mãdãlina-Cristina DÃNIȘOR (PUTINEI)
Publicat în: Revista de Științe Juridice Nr. 1/2015 Număr aniversar prof. univ. dr. Gh. Dănișor
Disponibil online: aici.
Abstract: The new objective declared and imposed by those conceiving the system of criminal repression and also by its subjects seems to be the efficiency of the State’s activities. Thus the efficiency is the central point of the analysis of the criminal responsibility system and in the same time it’s most pronounced vulnerability. We can argue the fact that societies are now centered on achieving the most elevated degree of efficiency possible and this leads inevitable to an exacerbated substantialisation there where is an urgent need for procedures, but also to the opposite situation, by an overrated formalism that transforms values into procedures. Thus we have to find a neutral procedure of decision between the methods to be used in order to obtain the equilibrium between the will of the authority when interiorizing the individual behaviors into the criminal policy and the actual content in value of the general and specific objectives of this particular field. Western democracies and those similar to them are menaced by crimes of terrorism, and the efficiency of the criminal response seems to take the shape of the new nature of those acts and to take into account the national security rather than the individual freedoms. The paper aims to verify if under the pressure of the preventive paradigm, the typical democratic procedures are still adequate to protect the individuals or, on the contrary, they became the very instruments the States use to justify the intrusions in the individual’s rights under the pretext of defending them.
Keywords: criminal responsibility; systemic efficiency; preventive paradigm; rule of law; individual freedoms.
