Criminal Law’s Principle of Humanism in Romania at the Beginning of 21st Century

Abstract

The principle of humanism as a fundamental principle of criminal law has no express devotion, but undoubtedly arises around criminal regulatory institutions. It is undeniable that criminal law is not aimed to cause physical suffering or injury to human dignity, the whole ensemble of rules that see man as supreme value, even when he has an antisocial behaviour, becoming in this way a criminal. Looking at the individual from these two perspectives, on one hand the victim protected by criminal law and on the other hand, the offender accused of its violation, the principle of humanism gets a double meaning, giving force to this undeniable value that is man. On the morning of the 21st century, when the death penalty was abolished, when we have a special juvenile sanctioning regime, when is especially followed the idea of rehabilitation, Romania is making notable efforts to make these concepts operational, in orientation towards respect for human being and human liberty and to create a system of guarantees of personality. This paper aimed to approach from both legal and philosophical perspective the principle of humanity putting the human value above all and giving man a sacred duty: finding truth.