Causes of Supporting. Causes of Non-Imputability. Delimitations

Author:Angelica Chirila
Position:Senior Lecturer, PhD, 'Faculty of Law, 'Danubius' University of Galati
Pages:112-116
SUMMARY

The new Criminal Code adopted by Law no. 286/2009, which entered into force on 01.02.2014, introduce regulation supporting causes and causes of non - imputability, unlike the Criminal Code of 1969, as a natural result of the changes the concept offense (art. 15 NCP). Implications knowledge of this concept, which characterizes the essential features of great importance for the activity of judicial ... (see full summary)

 
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European Integration - Realities and Perspectives 2014
112
Causes of Supporting. Causes
of Non-Imputability. Delimitations
Angelica Chiril
1
Abstract: The new Criminal Code adopted by Law no. 286/2009, which entered into force on 01.02.2014,
introduce regulation supporting causes and causes of non - imputability, unlike the Criminal Code of 1969, as
a natural result of the changes the concept offense (art. 15 NCP). Implications knowledge o f this concept,
which characterizes the essential features of great importance for the activity of judicial enforcement of
criminal law, criminal la w and for recipients who are subject to its knowledge. This paper presents an
analysis of newly introduced institutions Romanian criminal law, r evealing the foundation concepts, the
innovations and their justification based on legislative experience, doctrine and jurisprudence of other states,
and the Romanian state. Result of these experiences is introduced into Romanian Criminal Code provisions
designed to achieve a settlement of the concept o f crime, its content, in agreement with the appropriate vision
on offense. Study of the causes of justification and causes of non-imputability, based on analysis of the legal
texts and authors analysis presents possible implications, the entry into force of these provisions. Also, the
paper, making a presentation of the concepts may be of interest to both theoreticians and practitioners, but
also for those involved in knowledge and reasoning criminal legal institutio ns (doctoral, masters, students
etc.).
Keywords: causes of supporting; causes of non-imputability; anti-juridical; typicality; criminal nature of the
act
I. Text art. 18 NPC establishes a new institution in relation to the previous regulation (Penal Code
1969), therefore supporting causes, stating that the act is not an offense under the criminal law
committed under any of the cases provided by law supporting (self-defense, necessity exercise any
right or performance of an obligation, and the injured person's consent).
The offense cannot exist unless there is missing one of the key features defining the existence of the
crime, but when the facts, although it has all these features, be committed in circumstances which give
a legitimate purpose, that is allowed in the light of higher requirements the legal system, being
removed unlawful nature of the act. (Antoniu, 2010) The evidence system gives expression of needs
regulatory objectives.
The doctrine of penal laws as experience has shown that, with the specific requirements of each area
(branches) of legal regulation in relation to their social relations in these fields, there are requirements
of the legal system as a whole, independent of the specificities of each branch of law.
These common requirements imposed by necessity legislature obliged to protect not only domain -
specific social values, and social values common to all branches of law, an expression of the identity
of interests of members of a social group.
1Senior Lecturer, PhD, “Faculty of Law, “Danubius” University of Galati, Address: 3 Galati Boulevard, 800654 Galati,
Romania, Tel.: +40.372.361.102, Fax: +40.372.361.290, Corresponding author: chirila_angelica@univ-danubius.ro.

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