CAN THE CRIMINAL PROCEDURE EXIST WITHOUT A STATE?

Abstract

The ideological evolution of criminal, and in particular criminal procedure’s, thought is dominated the last decades by the anti-statist ideas, in addition in very complicated context when the criminal sanction itself and its procedural application are remaining as before absolutely necessary for each power, ancient or new, conservative or liberal, national or transnational. How to solve this dilemma? The panorama of institutional methods seems to be very limited, and from technical point of view, it is a nearly lost cause: the non-state criminal procedure did not appear in spite of enormous efforts of national political lobby, non-governmental organizations or the transnational centers of power. However, from political point of view, the success is more evident, the elaboration of the legal sources of the criminal justice’s approaches and mechanisms has been largely transferred from national to transnational, non-state level.