JUSTIFIABLE CAUSES. ELEMENTS OF COMPARED LAW
JUSTIFIABLE CAUSES. ELEMENTS OF COMPARED LAW

Summary/Abstract: Throughout this article we will discuss the most important aspects regarding the system of justifiablecauses as regulated in our new law as well as in other European laws. As self defense was the subject ofanother article, in the current one we will only discuss two justifiable causes: the state of necessity(article 20 of the Criminal Code) and exercising a right or fulfilling an obligation (article 21 of theCriminal Code). We notice that the title used by the Romanian lawmaker, namely “justifiable causes” isnot seen in other country’s laws, as they chose to regulate these causes without naming themdistinctively; usually, they are mentioned along with the general regulation of the crime. Furthermore, wecan see that not all justifiable causes regulated in Romanian law are found in other European states’laws and those which are found have different regulations, either more permissive or more restrictive,according to what the lawmaker wished to achieve with that regulation.

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