Observations from a constitutional perspective regarding the sources of criminal law and criminal procedure law

Abstract

The sources of criminal law and criminal procedure law consist of provisions contained only by normative acts with legal power, thus passed by the Parliament or, in the case of legislative delegation allowed by art.115 of the Constitution, by the Government. Therefore, the inclusion of some common law offenses in the category of offenses against national security cannot be realized by means of an administrative act, even with normative value, as it does not have the legal power requested by the constitutional guarantee from art. 53(1). Moreover, law enforcement by analogy is completely forbidden in a criminal matter.