Regulation of crimes that affect public order and peace in the criminal laws of states outside the European Union [Articol]

Abstract

For a broad and rigorous analysis of the crime that affects public order and peace, it is necessary to approach it not only from the perspective of national criminal law, but also through a comparative research with the criminal legislations of other states, especially those outside the European Union. Such an analysis provides a complex framework of understanding, allowing the identification of the similarities, differences and particularities existing between the legal regulations regarding the acts that affect public order and peace. The importance of such an analysis derives from the fact that criminal law does not develop in isolation, but in close interdependence with the historical, social, cultural and political developments of each state. Legal systems were formed on the basis of their own legal traditions and specific sources of law, which, over time, have determined significant differences in the way of incriminating, sanctioning and interpreting crimes that affect public order. Therefore, comparative analysis has not only a descriptive role, but also a critical-reflective one, as it allows observing the way in which various legal systems manage similar situations, but through different legislative mechanisms.