DIFERENŢIEREA PEDEPSEI PENALE PRIN SANCŢIUNE

Mariana GRAMA Catedra Drept Penal şi Criminologie

Rezumat

The elements of penal law norm and the way they systematize into it content can be assigned by the duality of the given norm, directly by the general norms and the special norms. A classification performed in relation with the subject and the function of penal law norms toward the social relationship settlement. Also, a classification managed throughout the incidence percentage of the penal laws. Following the “judicial norm” idiom meaning, a general judicial-penal norm represents any penal type disposal of universal applicability, as well as disposals operable in relation with a large number of special penal norms. And when we say a special penal norm, we mean a principle kind one, namely, disposals capable to assure the unity of the penal law system. In opposition to the general norms, special ones are disposals of special penal law type or accusatorial, which implies and approves actions presumed to be offences and which directly restricts oneself to actions that form the sphere of the respective offence notion.