Guilt – Aspects of Comparative Law
Guilt – Aspects of Comparative Law
Author(s): Maria-Magdalena Cardiş, Maria-Magdalena BârsanSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: guilt; Criminal Code; crime; intend; subjective element
Summary/Abstract: Starting from the definition of crime, according to the provisions of article 15 of the Criminal Code, a crime is considered to be a deed regulated by criminal law, committed with guilt, unjustified and imputable to the person who committed it. A second important characteristic of crime, according to article 15 of the Criminal Code, is guilt. In order for the deed to be considered a crime, it is not enough that the activity performed by the perpetrator correspond to the incriminating regulation, it is also necessary that the author acted from the mental position described by law as a crime. Article 16 of the Criminal Code stated the rule according to which “a deed is a crime only if it was committed with the appropriate from of guilt, as required by criminal law”.
Journal: Bulletin of the Transilvania University of Braşov, Series VII: Social Sciences and Law
- Issue Year: 2014
- Issue No: 2
- Page Range: 161-168
- Page Count: 8
- Language: English