The Protection of the Right to Life in the New Criminal Code

• Author: Lavinia Mihaela Vladila
• Pages: 170-178

European Integration -

Realities

170

T

Li

“Valahia” University o

Abstract

: The present article illu

to life, in comparison with th e ne

the study of the new Crimina

regulation and the new Criminal

is a more practical one, because

entrance into force, the doctrinai

result is meant to increase the u

new Criminal Code.

Key words: right to life;

offence

1. Introduction

The right to life is fundamental.

animates and supports us in ever

anything else, no matter how goo

be. But, as important life may be,

the law or with their own consc

dea

th, without denying and contr

A truth putted in metaphorical w

ended by death, it does not necess

1999).

Correlating now, this fundamen

fundamental law, which by its A

and mental integrity of person is

inhuman or degrading punishmen

Being such an important right, it

regulations kept until nowadays r

the protection of this right was a

and punishment.

es and Perspectives

The Protection of the Right to

Life in the New Criminal Code

Lavinia Mihaela Vlădilă

ty of Târgovişte, Faculty of Law and Social

-

Politica

laviniavladila@yahoo.com

illustrates general aspects o f the actual regulation on the prote

new regulation, which shall be analyzed more carefully. The

inal Code, emph

asizing the most important differences be

nal Code, and the few texts elaborated in this area. The approa

se few texts were written about the new Criminal Code, at t

naires will need to know the differences and the innovations b

understanding of the new text and to enrich the analysis and

ces against human life

; new Criminal Code;

homicide upon re

al. Life is itself the fundament of any other right,

verything we do. Without it we could not discuss o

ood our intentions, as

pirations and wishes to person

be, it sometimes seems so fragile “in the hands” of p

sciousness. So, mostly, as a coin with two sides,

ntradicting one to another, being one of the parado

l words by Lucian Blaga, a great philosopher and

essarily mean that the pu

rpose of life is the very dea

ental right with the law, we shall notice that it

Art 22 shows that: “1. The right to life, as well as

is guaranteed; 2. No one may be subjected to tortu

ent or treatment; 3. The death penalty is prohibited”

, it was appreciated and protected si

nce immemori

s refer to the punishment for those who committed

s and is associated with the criminal right and with

2011

ical Sciences,

otection of the ri ght

he paper is based on

between the actual

roach of the su bject

t t

he moment of its

s brought by it. The

and synthesis of the

request

ht, the very breath that

ss of any other right or

sonal achievement may

of persons arguing with

s, life goes along with

doxes in our existence.

nd poet: “

If each life is

death

” (Iulian Poenaru,

it is protected in the

as the right to physi

cal

orture or to any kind of

ed”.

orial times. All known

ed murder. This is why

ith the idea of offence