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The Psychology of Guilt in Criminal Law: A Comparative Review of Romanian Legal Aspects

Nicoleta-Elena Heghes () and Cristina-Gabriela Schiopu ()
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Nicoleta-Elena Heghes: Dimitrie Cantemir Christian University of Bucharest, Romania
Cristina-Gabriela Schiopu: Institute of Psychiatry Socola Iasi, Romania

RAIS Conference Proceedings 2021 from Research Association for Interdisciplinary Studies

Abstract: Criminal law is based on a subjective characterization of an objective act. The dichotomy of the concept is the very base of the investigation process and, at the border of the two notions, stands the forensic psychiatry. It adds quality to quantity by constructing arguments and building a strong foundation for the undeniable definition of the criminal offence: guilt. If law analyses facts as quantitative manifestation of an antisocial activity, the psychological meaning of the guilt is dissected in a complex lexical and scientific family of equivalent aspects. Discernment, intent, responsibility, motivation, motive are constructs of environmental and internal cognitive and emotional influences that align into proportional connections, characterizing guilt, which implies past, present and future implications of a criminal offence.

Keywords: criminal; guilt; discernment; expertise; psychiatry; law (search for similar items in EconPapers)
Pages: 7 pages
Date: 2021-12
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Published in Proceedings of the 25th International RAIS Conference on Social Sciences and Humanities, December 5-6, 2021, pages 30-37

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