Some Considerations on Criminal Policy and Crime Prevention

Author:Constantin Tanase
Pages:138-145
SUMMARY

The paper deals with the issue of criminal policy as an integral part of the general policy of a state and its main component - the prevention of the crime phenomenon. Although the notion of criminal policy is used in the legal language, and not only, for more than two centuries, during which various definitions of this concept have been issued, there are enough indications that it is not... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2017
138
Some Considerations on Criminal
Policy and Crime Prevention
Constantin Tănase1
Abstract: The paper deals with the issue of criminal policy as an integral part of the general policy of a state
and its main component - the prevention of the crime phenomenon. Although th e notion of criminal policy is
used in the legal language, and not only, for more than two centuries, during which various definitions of this
concept have been issued, there are enough indications that it is not correctly understood at this time. For this
reason, we attempted to present a possible definition of what was considered to b e the position of any
government over criminality and a few landmarks of this particularly important activity. At the same time,
given the unanimously accepted opinion that the prevention of criminality must precede the fight, I tried to
present some opinions regarding this prophylactic enterprise, starting from its delimitation in relation to other
notions and activities and continuing with the responsibilities that can be d istributed in a rational and timely
manner to state authorities.
Keywords: the criminal policy; policy of government; crime prevention
1. Introduction
The events at the beginning of 2017, which took place in Romania, having the stated reason the
opposition to the initiatives of the power to decriminalize certain facts, revealed, more than the disputes
on the realm of doctrine, the nebula surrounding the notion of criminal policy. This is all the more so
since the specialized dictionaries, defining politics, explain notions such as: internal politics, foreign
policy, economic policy, nonalignment policy, customs policy, etc. (Political Dictionary, 1975, pp. 461-
464).
Beyond the slogans in the market, the attitudes of some institutions and individuals have been especially
distinguished in this matter, invested with attributions and responsibilities that, instead of clarifying
things, have made them even more disturbed. Those concerned about the problem had the opportunity
to find out that the judge called to judge on law, wanted to be the law maker, and the prosecutor called
to discover offenses and identify offenders, charged those charged with making the laws. Of course, the
course of events (if any) could be interpreted in many ways, could identify faults and culprits, evil
intentions, lucid and less lucid people, one thing, however, pierces among all these uncertainties: the
notion of criminal policy is not clear to those called to conceive it, for those called to apply it, and even
less for those who are obliged to respect it.
And, as a consequence of this blurring, the practice of an incoherent and ineffective criminal policy is
in the natural order of things. Since an efficient management of the phenomenon of crime depends
1 Senior Lecturer, PhD, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654,
Romania, Tel.: +40372361102, Corresponding author: constantin.tanase@univ-danubius.ro.

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