Consimþãmântul victimei în cazul faptelor din culpã
Victim’s consent in cases of offences committed through negligence or imprudence

Summary/Abstract: Although our legislation does not regulate for now the victim’s consent, this institution is and it has always been an issue intensely debated especially in the foreign literature. This article represents a brief analysis of one of the forms of the victim’s consent, which is less discussed, namely the consent of the victim for acts of negligence. This side of the institution is questioned by some, and fully accepted by others, while the theories that underlie this last opinion are also very different. Therefore, the first part of the article sums up the main theories expressed in the literature motivating the admissibility of the consent of the victim for acts of negligence, subsequently arguing the inadmissibility of one particular form of the consent for acts of negligence, namely the presumed consent. The second part of the article is dedicated to the analysis of the conditions that the consent must fulfil in order to be effective. The analysis starts from the conditions established in the literature for the consent of the victim for intentional acts to be effective, emphasizing the specific features generated by the peculiarities of the acts of negligence in this matter. Finally, this section also includes some reasons for which it would be better to give up two of the conditions traditionally requested for the consent to be effective, namely the one regarding the social order and morality and the one regarding human dignity. The third part of the article is intended to offer some criteria for demarcating the consent of the victim for acts of negligence from other similar institutions which also imply some sort of consent from the victim. Therefore this section contains a comparative analysis between the victim’s consent for acts of negligence, self-injuring, selfendangerment and fault risk. Far from being just another theoretical issue, the importance of the delimitation lies in the different effects each institution determines, especially in the particular case in which the risk is generated by multiple people.

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