The Criminal Legal Relationship – A Fundamental Concept in Safeguarding Human Dignity

Abstract

The criminal legal relationship is a construct developed within criminal law doctrine, rooted in the philosophical concept of the social contract. It is generally acknowledged that a “social contract” exists between the state and individuals, establishing reciprocal rights and obligations. Accordingly, a criminal legal relationship emerges upon the entry into force of a legal norm that criminalizes a particular act and becomes operational when an individual commits the offense defined by that norm.