Aspecte teoretice privind cauzele justificative în contextul noului Cod penal

Lector univ. dr. Camil Tănăsescu

Universitatea din Craiova

Theoretic aspects regarding the supporting causes in the new penal Code

Abstract

Supporting causes in the new Penal Code (self-defense, necessity, exercise of any right or performance of an obligation, the injured person’s consent) are regulated separately from unimputable causes (physical restraint, moral constraint, unimputable excess, minority offender irresponsibility, intoxication, error, unforeseeable circumstances).

Supporting causes remove the criminal nature of the offense, the law guarding the conduct and the behavior of defense of a social values. The legal basis of removing the criminal nature of the socially injurious offense committed in legitimate self-defense consists in the lack of will of the perpetrator, because he has acted in response to constraint imposed by the dangerous and unfair attack.

Keywords: physical restraint, moral...