Guilt - aspects of comparative law

• Author: M.M. Bârsan/M.M. Cardis
• Position: Law Department, Transilvania University of Brasov/Student al Law Faculty, Transilvania University of Brao
• Pages: 161-168

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 7 (56) No. 2 - 2014

GUILT – ASPECTS OF

COMPARATIVE LAW

M.M. BÂRSAN1 M.M. CARDIŞ2

Abstract: Starting from the definition of crime, according to the provisions

of article 15 of the Criminal Code, a crime is considered to be a deed

regulated by criminal law, committed with guilt, unjustified and imputable to

the person who committed it. A second important characteristic of crime,

according to article 15 of the Criminal Code, is guilt. In order for the deed to

be considered a crime, it is not enough that the activity performed by the

perpetrator correspond to the incriminating regulation, it is also necessary

that the author acted from the mental position described by law as a crime.

Article 16 of the Criminal Code stated the rule according to which “a deed is

a crime only if it was committed with the appropriate from of guilt, as

required by criminal law”.

Key words: guilt, Criminal Code, crime, intend, subjective element.

1 Law Department, Transilvania University of Braşov.

2 Student al Law Faculty, Transilvania University of Braov

1. Introduction

Starting from the definition of crime,

according to the provisions of article 15 of

the Criminal Code, a crime is considered

to be a deed regulated by criminal

law, committed with guilt, unjustified

and imputable to the person who

committed it.

A second important characteristic of

crime, according to article 15 of the

Criminal Code, is guilt. In order for the

deed to be considered a crime, it is not

enough that the activity performed by the

perpetrator correspond to the incriminating

regulation, it is also necessary that the

author acted from the mental position

described by law as a crime.

Article 16 of the Criminal Code stated

the rule according to which “a deed is a

crime only if it was committed with the

appropriate from of guilt, as required by

criminal law”. If we were to corroborate

the provisions of article 15 first alignment

with those of article 16 sixth alignment,

we would conclude that the regulating

law, in addition to describing the forbidden

action, the obligation it involves and

the immediate consequence, it must

also state the form of guilt for that specific

deed to be considered a crime.

For establishing the form of guilt

regulated by law, the new Criminal

Code stated, in article 16 sixth alignment,

two rules used to determine the form

of guilt.

The first rule establishes that the deed

consisting of an action or inaction is

considered a crime when it is committed

with intent, whereas the second rule states

that the fact committed without intent is a

crime only when the law expressly states it .