Causes of Non-Imputability in Romanian Criminal Law

Gabriel-Alin Ciocoiu (avocatalingabrielciocoiu@gmail.com)
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Gabriel-Alin Ciocoiu: University of Political and Economic European Studies “Constantin Stere†, Chișinău, Republic of Moldova

RAIS Conference Proceedings 2022-2024 from Research Association for Interdisciplinary Studies

Abstract: This study focuses on the causes of non-imputability provided in the Romanian Criminal Code from 2009, as it entered into force in 2014. It presents eight causes of non-imputability: physical constraint, moral constraint, non-accountable excessiveness, underage perpetrator, mental incompetence, intoxication, error, fortuitous case. In the Romanian criminal legislation, the causes of non-imputability are a new element, replacing the notion of causes that remove the criminal character of the act used in the Criminal Code from 1968. When it is established that an act provided for by the criminal law was committed under the conditions of one of the causes of non-imputability, that deed will not constitute a crime from the perspective of removing the imputable character that leads to the impossibility of applying a punishment or an educational measure. The effect of the causes of non-imputability does not extend to the participants, except in the fortuitous case.

Keywords: physical constraint; moral constraint; non-accountable excessiveness; underage perpetrator; mental incompetence; intoxication; error; fortuitous case (search for similar items in EconPapers)
Pages: 10 pages
Date: 2024-05
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Published in Proceedings of the 35th International RAIS Conference on Social Sciences and Humanities, April 4-5, 2024, pages 180-189

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