Psychological theory of guilt in the Romanian Criminal Code

AuthorCristinel Ghigheci
PositionAssistant professor
Psychological theory of guilt in the Romanian Criminal Code
Assistant professor Cristinel GHIGHECI1
In art. 16 paragraph (1) (4), the new Romanian Criminal Code refers to some
psychological processes, such as representation and willpower, which lead us to belie ve
that the psychological theory of guilt has been preserved, being also mentioned in art. 19 in
the old Criminal code. This theory of guilt has known many tendencies over time, entering
our doctrine and legislation as the theory of representation. According to this theory when
someone wants to do a certain physical act he foresees the consequences of that act,
meaning that in his mind he has the representation (the image) of the natural consequences
following that activity, and this representation of the result, the finality of the willful
activity, is an act o f conscience accompanying the act of will. These are reference points to
be taken into consideration when the judiciaries analyze the criminal guilt whenever an
offence has been committed under the criminal law.
Keywords: guilt, theory of representation, conscience, willpower, normative
JEL Classification: K14
1. Introduction
According to art. 16 paragraphs (1) - (4) from the new Romanian Criminal
“(1) The act is considered an offence only if committed with the form of
guilt stipulated in the criminal law.
(2) There is guilt when the act is committed willfully, negligently or with
oblique intent.
(3) The act is willfully committed when the perpetrator:
a) foresees the result of his act, pursuing it by committing that specific act;
b) foresees the re sult of his act, and though he does not pursue it, he
accepts its possibility of coming to pass.
(4) The offence is committed by negligence, when the perpetrator:
a) f oresees the result of his act, but does not accept it, believing without
reason that it will not occur;
b) does not foresee the result of his act, though he s hould and could have
foreseen it.
(5) There is oblique intent when the act consisting of a willful action or
inaction produces a more serious result, due to the perpetrator’s negligence.”
1 Cristinel Ghigheci - Transilvania University of Brasov, Judge of the Brasov Court of Appeal,

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