Physical and Moral Constraint – Causes of Non-liability
Physical and Moral Constraint – Causes of Non-liability
Author(s): Cristiana Ecaterina Banu, Amelia DiaconescuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Fundaţiei România de Mâine
Keywords: physical constraint; criminal law; offender; threat
Summary/Abstract: The physical constraint (vis major) is a non-liability cause consisting of the pressure set by an unpredictable and irresistible event (major force) or by a person or animal on the physique of a person, which results in the lack of ability to have control on his actions, determining him to commit an unjustified fact as provided by the criminal law. In this case, the responsible offender, although conscious of his own act, cannot act freely (coordinate his behavior in order to abide by the legal norm), because his physical freedom is cancelled and subsequently, he cannot be held responsible for committing the respective act.
Journal: Journal of Law and Public Administration
- Issue Year: IV/2018
- Issue No: 7
- Page Range: 22-26
- Page Count: 5
- Language: English