PERICOLUL SOCIAL AL CRIMEI: ESENȚĂ ȘI MANIFESTARE

Abstract

The author elucidates the essence and manifestation of the social danger of crime as an objective-subjective characteristic, noting that it manifests dually: 1) that harm inflicted on the system of values and social liaisons protected by the state through legal means, the danger being directed towards the rule of law, fundamental values of the specific society, and vital interests of the individual within society and the state. This harm is of a social and political nature, manifesting through negative changes in various spheres of society: political, moral, psychological, economic, etc.; 2) that concrete harm inflicted on the vital interests of the individual, society, or state, objective harm in physical, material, organizational, and psychological terms. In this regard, we speak of the objectivematerial danger of the crime. Such manifestation of the social danger of crime is termed „prejudiciality”. The necessity of including in the normative definition of the offense the material sign – social danger is argued, and the following normative definition is proposed: the behavior that is socially dangerous and prohibited by criminal law under the threat of punishment, committed with guilt by an individual recognized as a subject of criminal law, shall be considered an offense.