The Relationship between Disciplinary Law and Criminal Law: between Illicit and Illegal

Abstract

This paper examines the relationship between disciplinary law and criminal law, starting from the conceptual distinction between the notions of illicit and illegal conduct. It highlights the differences in structure, foundation, and function between these two forms of legal liability, as well as the specific nature of the norms governing them. The study emphasizes the general and strictly defined character of criminal law norms, as opposed to the flexibility and broader scope of disciplinary norms. It also analyzes the relationship between incrimination and illicit conduct, pointing out the existence of distinct forms of incrimination in the two fields. Finally, the paper demonstrates that, although disciplinary law and criminal law are autonomous domains, they converge toward a common fundamental goal: the protection of social order and the proper functioning of the state.