Imputabilitatea ca trăsătură esenţială a infracţiunii potrivit noului Cod penal (Legea nr. 286/2009). Concept. Controverse. Cauze de neimputabilitate

Versavia BRUTARU

ABSTRACT

The issue of imputation in penal law generated, through out the history, many controversies. The principal aim of this study is to clarify this concept, both in relation with the Romanian and foreign doctrine, and with the new provisions of the new Penal code, enforced by the Law nr. 286/2009. The new Penal code introduces, a new definition of the offence, containing the concept of “imputability". Our study is based both on the opinions of some foreign authors regarding the concept of imputability, imputation and Romanian authors.

According to the Initiator (Ministry of Justice) the main justification for introducing this concept into the offence definition was that “a deed, in order to bring upon criminal responsibility, must not only to correspond with the legal description, to be unjustified, but also, the deed,...