The Offense of Homicide by the Victim's Request according to the Romanian Criminal Law

• Author: Minodora-Ioana Rusu
• Position: Assistant Professor, PhD, 'Dimitrie Cantemir' University of Bucharest, Romania
• Pages: 58-65

ACTA UNIVERSITATIS DANUBIUS Vol. 11, no. 3/2015

60

The Offense of Homicide by the Victim’s

Request according to the Romanian

Criminal Law

Minodora-Ioana RUSU

1

Abstract: In this paper we have examined the offense of homicide by the request of the victim, newly

introduced in the Romanian Criminal Law. As it results from its legal content this incrimination

envisages the e xceptional situation of the person, suffering from an incurable illness or a permanent

medically certified disability, causing permanent and unbearable sufferings, and in this situation, the

person asks someone to end their life in order to put an end to the unbearable sufferings. The

justification for sanctioning such acts is motivated also by the provisions of article 22 paragraph (2)

Criminal Code, according to which the consent of the injured person does not take effect for the

crimes against life and when the law excludes its justifying effect. We also appreciate that this act, due

to its marginal title homicide at the request of the victim and not at murder at the request of the victim,

it cannot be in the history of the person who committed the act in the case of qualified murder

provided for in article 189 paragraph (1), letter e) of the Criminal Code. The paper continues further

examination carried out in connection to the offenses under the New Criminal Code. Given the

novelty in the Romanian law, the study may be useful both to theorists and practitioners.

Keywords: objective side; the subjective side; legal content

1. The Legal Content and the Characterization of the Offense

Art. 190. The homicide by the request of the victim

A murder committed at the explicit, serious, conscious and repeated request of the

victim who was suffering from an incurable disease or serious medically certified

disability, causing unbearable permanent sufferings shall be punished with

imprisonment from 1 to 5 years.

This offense has no correspondent in the 1969 Criminal Code.

1

Assistant Professor, PhD, “Dimitrie Cantemir” University of Bucharest, Romania. Address: 176

Splaiul Unirii, Bucharest 030134, Romania, Tel.: +4021 330 8931. Corresponding author:

oanarusu_86@yahoo.com AUDJ, vol. 11, no. 3/2015, pp. 60-67