PEDEAPSA PENALĂ ÎNTRE SCOP ȘI RISC

Abstract

The existence of a framework of penalties in criminal law is a decisive legal and criminal law role and purpose. It ensures, first and foremost, the principle of the legality of penalties and guarantees the applicability of criminal law mechanisms and instruments against crime. The risk of the framework of penalties arises at the time oftheir individualization, because in addition to their general objective nature, which is clearly established and regulated, there is the individual subjective nature, which unfortunately cannot be fitted into a normative template.