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- Title
THE NOTION OF ACTION IN THE CRIMINAL PROCESS.
- Authors
BARBU, Denisa; HRESTIC, Maria-Luiza
- Abstract
Criminal liability is bringing of a criminal, civil, administrative, disciplinary law conflict before the courts and is achieved by bringing legal action in a lawsuit. Thus, legal action is the means of the process whereby liability is breached for the violation of a rule of law and the legal instrument by which the conflict of law is brought to the settlement of the judicial bodies, according to the legal branch to which the legal rules belonging to which the violation determined the law conflict. It is a synthesis concept that designates all the legally established means of which it is possible to request the competent judicial body to resolve the conflict of law, arising from the non-observance of the provision of a legal norm. At the same time, the lawsuit is not confused with the right to action, since it is a virtual right enshrined in the legal norm, which protects a certain social value, or which establishes a subjective right or a legitimate interest (expressly protected by the provisions of the current Civil Code, as those inserted in art. 1349).
- Subjects
CRIMINAL liability; CRIMINAL procedure; ACTIONS &; defenses (Law); RULE of law; CONFLICT of laws; JUDICIAL process; SOCIAL values
- Publication
Valahia University Law Study, 2019, p58
- ISSN
2247-9937
- Publication type
Article