Some Considerations on Criminal Policy and Crime Prevention

• Author: Constantin Tanase
• Pages: 138-145

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.