Núm. 8 (2013)
II. Democracia: problemas actuales

The Criminal Policy after the Communism-between Liberal Reform and Communitarian Fundamentals

Publicado febrero 10, 2016

Resumen

One of the domains in which the transition from the totalitarian regime to the liberal democratic one had a deep impact, is the domain pertaining to the criminal policy of the state. The criminal policy measures represented, together with other measures taken by the state, one of the most effective mechanisms that the state could make use of. The decomposition of the civil society and the creation of an amorphous mass of citizens were also accomplished by means of preventive measures, rehabilitation and coercion measures under criminal law.

The establishment of the liberal state had and still has to face socialist mentalities and methods regarding society. Thus, the change in the perspective on the objectives of criminal policy should take into account the purpose of the state established after the Revolution of1989, i.e. the freedom of the individual. Although the field of criminal policy has been subject to numerous legislative and institutional changes meant to make it adapt to the new state framework, there are reminiscences from the former regime, more precisely the institutions referred to in the Criminal Code of 1969, which have survived on the transition way to democracy.

Keywords: criminal policy, communism, liberalism, social danger, new criminal code