Critical analysis of irresponsibility in the sciences criminal

Luciana Girleanu ()
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Luciana Girleanu: Ovidius University of Constanta - Faculty of Law and Administrative Sciences

Ars Aequi, 2020, vol. 10, issue 1, 184-200

Abstract: In the European legal culture, a specific concept of criminal responsibility has developed. It includes the conditions for the imposition of criminal sanctions and defines the concept and structure of an offense. Thus, sometimes the term "principle" is used in relation to the condition of criminal liability. There is, for example, the principle of guilt. In this context, Latin terminology is also used very often, such as "nullum crimen sine culpa", "nullum crimen sine periculo sociali", etc. Criminal liability should not be confused with jurisdiction in order to be tried. The competence to be part of a trial is given mainly by the mental capacity of the defendant during the legal proceedings. Criminal liability, also known as "defense of insanity", refers to the time of the alleged offense and, more specifically, to the question whether the defendant had the mental capacity to distinguish between right and wrong at the time of the alleged offense and can control his conduct, Consequently. Assessments of people with mental health problems are usually considered more complex than assessments of competence. Consequently, it is extremely difficult to determine what another person was thinking, feeling and doing at the time of a crime. If the defendant is not held criminally liable, he or she is rarely released. The person is usually sent to a medical unit, specializing in mental illness, where he will stay as long as needed.

Keywords: Irresponsibility; criminal sciences (search for similar items in EconPapers)
Date: 2020
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