New context of studying and normative frame of criminality

Abstract

Contemporary world has changed. Neoliberalism and globalisation have certain consequences in the field of criminal law. Concept of harm, instead of criminal act, penal populism and using a criminal law as instrument of regulation for various social problems are examples. Where law should be defined by harm, at the moment harm is defined by law, with all the concessions to political power that this idealist inversion of reality demands. In the second part of this text, the author attempts to point out problems that emerge in the presumed coherence of the criminal law. If we start with hypothesis that all basic terms and subterms are unambiguous or at least sufficiently defined, that the following of the principle of legality and comprehensible legal criminal policy includes a series of compatible terms and have unambiguously correct implementation, the analysis is aimed at examining the foundation of these presumptions. The questions are not new and they boil down to the following: a relation between the principle of legality and implementation of the idea of protection of human rights within the criminal justice system, and a policy of criminal legislation which can be recognised in the text of the law and more detailed specifying of punishability by observing relation between criminal and misdemeanour legislation. Having analysed all the segments of the raised question, it is concluded that the doctrine should affect the reinterpretation of the role of legal and extralegal influence on the principle of internal 'regulation' of the criminal law and principle of legality itself.