JUSTIFICATORY CAUSES IN EUROPEAN PENAL
LEGISLATIONS
JUSTIFICATORY CAUSES IN EUROPEAN PENAL
LEGISLATIONS
Author(s): Bucur CătălinSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: justificatory causes; European states; self-defense; state of necessity; victim’s consent; the performance of a right or the compliance with an obligation.
Summary/Abstract: In our penal legislation, Chapter 2 of the new Criminal Code is dedicated to the justificatory causes, circumstances removing the second of the essential features of the offence – its unjustified feature. We are talking about in rem circumstances, their effects being extended also for the participants. We are in the presence of justificatory causes when the penal law exceptionally allows the commission of certain offences prohibited by it, and the author when committing them, might say “fecisediurefeci” (I did it, but based on a right). The area of justificatory causes is mentioned also by other European legislations, such as the Italian, Spanish, French or German ones.
Journal: Studii Juridice şi Administrative
- Issue Year: 15/2016
- Issue No: 1
- Page Range: 82-88
- Page Count: 7
- Language: English