TRIBUNALUL MORAL AL IDEII
Expunere de motive
Umanitatea prin personalităţile ei culturale de geniu, a
năzuit la o instanţă morală a adevărului. La noi, întâmplător sau
nu, Andrei Plesu s-a gândit la o instanţă a adevărului, prin care
toate ideile si opiniile să fie trecute printr-o sită a lui Socrate, astfel
încât societatea să valorifice adevărul, utilul si binele, eliminând
ceea ce este contrar.
În istoria dreptului penal au existat nu numai instituţii de represiune, ci si de
prevenire a faptelor antisociale, a infracţiunilor.
Conform dreptului juridic nu numai acţiunile sunt fapte juridice, constituindu-se
în fenomene juridice, ci si lipsa acţiunii poate produce efecte juridice modificând
raporturile sociale si juridice din societate.
Dacă în perioada de dinainte de 1989 delictul de opinie era sancţionat ca o
infracţiune, acum delictul de opinie nu mai este inclus în dreptul penal românesc.
Tribunalul moral al ideii trebuie înfiinţat ca o necesitate de apărare socială
preventiva si de îmbunătăţire a politicii a politicii extrapenale a statului. Tribunalul
moral al ideii trebuie se constituie ca o organizaţie autonomă pe lângă societatea civilă, ca
si comunitate umană organizată, fiind o instituţie extra-penală, nejurisdicţională în
materie de apărare a bunurilor si proprietăţii intangibile, cum sunt ideile, cunoasterea,
opiniile, atitudinile, difuzarea informaţiilor care desi nu sunt decât subiect de drept
subiectiv si de etică socială, totusi se pot constitui prin forţa susţinerii în bunuri tangibile,
fapte juridice, fenomene social-juridice. Acestea pot modifica conform sociologiei juridice
raporturile generale ale societăţii si statului, putând influenţa chiar si raportul dintre
subiectul conducător si subiectul condus.
Astfel există conceptul de pericol social prevăzut în diverse moduri de articolele17,
18 si 91 C. Penal unde se prevede (art.91), sancţiuni aplicabile si în cazul înlocuirii
răspunderii penale, cum ar fi răspunderea administrativă.
Deci fapte care nu sunt penale, nu sunt fapte juridice prin forma materială, pot
avea efecte juridice si chiar materializa prin fapte juridice, iar bunurile intangibile,
faptele imateriale, sau nonacţiunile juridice ce pot afecta integritatea, securitatea,
proprietatea, identitatea, valorile intangibile dar si bunurile tangibile, devenind prin
prisma pericolului social generic sau concret subiect de drept penal deoarece atentează la
valorile sociale asa cum este prevăzut în dispoziţiile articolului 18 Cod penal ,, fapta care
prezintă pericol social (…) este orice acţiune sau inacţiune prin care se aduce atingere
uneia din valorile sociale enumerate în art.1 C. Penal si pentru sancţionarea căreia este
necesară aplicarea unei pedepse”.
Periculoase pentru societate în înţelesul legii penale, sunt acţiunile ori inacţiunile
care lezează sau pun în pericol cele mai importante valori ocrotite de legea penală, ca
siguranţa statului, patrimoniul, persoana si drepturile acesteia, sistemul economic si alte
valori sociale ocrotite de lege.
Din aceste câteva motive rezultă necesitatea unui tribunal de apărare socială în
domeniul ideilor, opiniilor, prevenire a infracţiunilor comise prin mijloace intangibile,
imateriale, iniţial fiind nonacţiuni toate susceptibile de a modifica raporturi juridice si
relaţii sociale având efecte juridice.
Prevenirea se realizează în virtutea principiului justiţiei preventive, consacrat de
sociologia juridică si realizat de Tribunalul moral al ideii printr-o activitate de mediere a
conflictelor devenită prin lege o profesie în România.
Tribunalul moral al ideii se constituie ca autoritate morală de judecată extrapenală,
extra-civilă si extra-administrativă cum au fost în trecut tribunalele ecleziale, care
însă este o instituţie suverană, al cărui presedinte este un judecător liber, care nu trebuie
să aibă nici o apartenenţă, în afară de profesia pe care o practică.
El trebuie să îndeplinească trei criterii după cum rezultă din denumirea instituţieimoralitatea,
stiinţificitatea si educaţia ,respectiv cultura social juridică.
Desi este extra-penal el este o instituţie de îmbunătăţire a politicii penale întărind
autoritatea, legalitatea, legitimitatea si ordinea în societate prin apărarea colectivă a
statului împotriva ideilor, opiniilor, care afectează valori si bunuri fie imateriale sau
materiale cu consecinţe nocive asupra relaţiilor de muncă, calităţii vieţii putând conduce
prin practici de dezinformare la prăbusirea unor instituţii bancare sau comerciale.
Această instituţie este sesizată de orice cetăţean care are un diferend de opinie cu
alţi cetăţeni, si se poate autosesiza sesizând în alte cazuri Parchetul General, atunci când
pericolul social constatat tinde să devină concret. După ce o comisie de cercetare formată
din oameni de la suprastructura societăţii împreună cu membrii de la infrastructura
societăţii, va analiza faptele si vor elabora un raport de evaluare, bazat pe reproducerea
fidelă a faptelor, colegiul judecătorilor va lua decizii de audiere a persoanelor sau se va
autosesiza, în primul rând cei care fac parte din comisia specială de apărare socială, apoi
din cea de etică si mediere a conflictelor.
De asemenea este necesară o comisie de mediatizare, care să supună oprobiului
public ideile, opiniile ce duc la comportamente si chiar acţiuni reprobabile.
Măsurile luate de Tribunalul moral al ideii sunt extra-penale care nu vizează
pedepsirea încălcării constiente a legii, ci protejarea societăţii împotriva faptelor
infracţionale. Ele privesc măsuri de protecţie informaţională a societăţii si nu a
instituţiilor care oricum este realizată în prezent. Această protecţie se realizează prin
măsuri extra-penale, destinate să neutralizeze delincvenţa, fie prin eliminarea cauzei
penale a faptei, fie prin aplicarea unor metode educative sau curative. În acest sens
Tribunalul moral al Ideii cooperează cu Serviciul de probaţiune din cadrul Ministerului
Justiţiei.
Comisia de educaţie juridică si control civic are competenţa de a asigura pregătire
stiinţifică în domeniul dreptului, eticii si culturii civice punând accentul pe dreptul
constituţional, dreptul civil, dreptul penal, dreptul familiei, dreptul muncii, dreptul
administrativ, sociologie juridică, cultură organizaţională, educaţie civică, etica, domenii
care privesc ansamblul relaţiilor sociale si oferă posibilitatea unei resocializări a oricărui
individ care a suferit excluderea socială prin deviere de la legalitate.
Integritatea ideilor susţine integritatea psihică si fizică a persoanei. Astfel în
Constituţia României, la articolul 22, alineat (1) se spune ,,dreptul la integritate fizică si
psihică ale persoanei sunt garantate”. Deci si ideile pot atenta la această integritate, la
securitatea personală ce implică si libertatea dar si proprietatea opiniilor asa cum este
scris tot în Constituţie – Articolul 29 alin. (1) nimeni nu poate fi constrâns să adopte o
opinie ori să adere la o credinţă religioasă, contrare convingerilor sale”.
Referitor la presă, mai precis la mass-media, Constituţia prevede clar la articolul
(30), alineatul (6) ,,libertatea de exprimare nu poate prejudicia demnitatea, onoarea,
viaţa particulară a persoanei si nici dreptul la propria imagine”; alineatul (7) ,,sunt
interzise de lege defăimarea ţării si a naţiunii, îndemnul la război de agresiune, la ură
naţională, rasială, de clasă sau religioasă, incitarea la discriminare, la separatism
teritorial sau la violenţă publică, precum si manifestările obscene, contrare bunelor
moravuri”. În articolul 31, alineat (3) se prevede si integritatea si securitatea respectiv
siguranţa ,,dreptul la informaţie nu trebuie să prejudicieze măsurile de protecţie a
tinerilor sau siguranţa naţională”, aceasta însemnând că există integritate psihică,
protecţie morală si securitate socio-naţională.
Conform articolului 10 lit. d) Cod procedură penală, care folosind expresia de
elemente constitutive ale infracţiunii, se referă la sensul cel mai larg al noţiunii de
element constitutiv, fapta penală are o latură subiectivă si una obiectivă, sau materială,
una din formele obiectului infracţiunii fiind obiectul juridic special, care reprezintă
valoarea socială care i se aduce atingere, fie un bun determinat, fie chiar viaţa în
ansamblu. În acest sens prin instituţia tribunalului moral al ideii se va pune accentul pe
latura subiectivă, dar păstrându-se raportul de cauzalitate, respectând principiul
prezumţiei de nevinovăţie, pe medierea si prevenirea conflictelor deoarece, ideile
intangibile incorporabile odată incorporate pot afecta lucruri, bunuri tangibile cum ar
fi: viaţa, proprietatea, patrimoniul, economia, bunăstarea, drepturile, libertatea
economică, securitatea persoanei, mediului si bunul mers al societăţii, prejudiciind
statul si chiar inversând raporturile de putere.
Atâta timp cât ideile au o substanţă si formă materială, acestea obiectivate creează
mediul de acţiune si modul de decizie pe baza cablării sistemului de putere la sistemul
general al societăţii de idei, informaţii, opinii, credinţe, valori, atitudini cu efecte juridice
si sociale.
Menţionăm că dacă delictul de opinie nu mai constituie infracţiune, totusi opiniile
care conduc la delicte trebuie limitate, si se pot sancţiona conform Constituţiei si a altor
prevederi legale. Aceasta justifică existenţa unui Tribunal moral al ideii care să vegheze
atât asupra integrităţii intelectuale, a protecţiei identităţii, deminităţii persoanei cât si a
inviolabilităţii convingerilor, apărând societatea cu instituţiile sale, de informaţii, sau de
organizarea unor opinii ce pot conduce la afectarea bunului mers al activităţii unei
colectivităţi, sub raportul legalităţii si valorii sociale primejduite, a efectelor juridice
negative, distrugerii relaţiilor sociale si inversării raporturilor de putere într-un stat.
Această instanţă până la urmă morală, este cu atât mai dezirabilă si oportună cu cât
societatea tinde către legiferarea valorilor, etalonizarea justiţiei si o instituţionalizare
treptată a valorilor sociale fundamentale si utile evoluţiei generale.
Scriitor Sebastian SÂRBU, presedinte Academia Meritocratică
[ membru FSC, GCI Academia Română, Cerc. dir. stiinţ. Centrul de Cercetare si Studii de
Securitate Publică- ANSOA]
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derizoriul si comicul grotesc halucinant pina la greata ...al reprezentarilor .. tribunalului moral al ideii vechi si noi .... bunici mei au fost catolici trecuti la ortodoxie .. facuti catolici cu forta ideii ... si facut ortodox si comunist de aceasi forta a ideii ... de noii ocupantii .. parintii mei fosti ortodocsi comunisti au devenit europeni penticostali si adventisti avind in spatele lor acelasi tribunal al ideii invocat de sorginte Socratica ... daca cumva nu iti pierzi mintile urmarind doar destinul recent a doua generatii . si vedem unde am ajuns astazi cu aceste tribunale politico religioase a ideii care au ruinat lumea . inclin se cred ca ca singura idee pe care o invova aceste tribunale a ideii este ca nu au niciuna .
problematica instantei morale in dimensiunea Socratica nu mai corespunde lumii actuale este sugestiv doar ca termen de comparatie analiza dar irelevant tinind cont de complexitatea si dimensiunile manifestarilor umane in ansamblu ...instanta morala a ideii ... a binelui valorificat armonizat iubirea adevarul depaseste cadrul juridic uman moral social ,etc el devine un element integrator unul de tranzitie o punte intre doua lumi cea actuala care se apropie de sfirsit .. si noua lume era in care vom intra curin nu va mai avea nevoie de institutionalizarea binelui intrucit noua constiinta umana va primi si o amprenta dimensiune cosmica universala integratoare in care legile universului si legile morale vor alcatui o structura bazata pe armonie echilibru ratiune iubire
De acord cu instanta adevarului prin SOCRATE!