Some Considerations Regarding the New Criminal Legislation in the Context of the National and European Legislative Reform

摘要

Initiated with the formation and organization of the state, continued in the next historical period, accelerated in the aftermath of the Romanian Revolution of 1989 and especially imposed by the European Union accession, the legislative reform in Romania has become a reality. The term "reform" as described by the Romanian explanatory dictionary means "political, economic, social, cultural transformation, of limited nature or structure of a state of things, to obtain an improvement or progress...."[1] or substantially "to change for the better, to renew, to regenerate a state of things, a concept ...".[1] When we refer to the national legislative reform, specifically, we refer to a change imposed both by the social, economic and political realities, as well as by the treaties in which Romania is part. With strict reference to Romania, the legislative reform is an element of progress and modernization of the state, a process to strengthen the fundamental elements of democracy, the establishment of the rule of law and of the state of law. We can say without any mistake that the criminal law reform is a constantly evolving journey, from a primitive and repressive rule to a modern, European norm and according to the principles on human rights and freedoms. Characterized by rhythm, goals and trends that differ depending on the historical context, the reform of legislation in general and the criminal law reform in particular is a constant in the development of the Romanian state. Since ancient times, regardless of the form of social organization, there was a system that by using penalties imposed rules of cohabitation and procedures to protect social values. In order to more accurately capture the criminal legislative developments in Romania and to make considerations on this development, we will structure this paper into two chapters. In the first chapter we address some issues regarding the legislative developments during various representative historical moments in terms of our theme.