STABILIREA SEMNELOR SUBIECTULUI CALIFICAT AL INFRACȚIUNII ÎN PROCESUL DE ÎNCADRARE JURIDICĂ

Abstract

This article is developed in the field of the science of criminal law, being dedicated to addressing the qualified subject of the crime, the finding of which conditions the application of the criminal law in strict accordance with the principle of criminal legality. The author puts at the reader’s disposal a set of criteria that allow deciphering the signs related to the special subject in the process of legal framing, a process that underpins the translation into life of the criminal law regarding people who have criminal conduct. The direct objective pursued by the author is the progressive development of the investigation of the content of the crime in criminal law, on the dimension of knowledge and interpretation of the legal signs that make it up as an abstract legal entity, created by the legislator for the characterization of crimes. The indirect, more distant objective is the improvement of the positive criminal law in congruence with the legality of the crime and the quality standards that derive from this fundamental principle of the criminal law. Two legislative procedures, described in the criminal law, of the signs of the qualified subject were revealed: “express provision” and “implicit provision”. Finally, the author substantiated the importance of the express provision, recommending it as an exclusive criterion for legislative consecration, to the detriment of the implicit provision, the latter being susceptible to creating confusion when interpreting the criminal law. Keywords: legality, criminal offence, subject of the crime, qualified subject, express provision, implicit provision, etc

Keywords

• legality
• criminal offence
• subject of crime