Excesul neimputabil
NON-IMPUTABLE EXCESS

Summary/Abstract: In art. 26 from the new Penal code is regulated “Non-imputable excess”. The legal text mentions two distinct situations. Thus, in art. 26 paragraph 1 we have non-imputable excess in the case of a person that is in a state of self-defense and in art. 26 paragraph 2 non-imputable excess in the case of a person that is in a state of necessity. In the concept of the new Penal code non-imputable excess, with its two aspects, in the case of a person that is in a state of self-defense and in the case of a person that is in a state of necessity, is included in the category of causes of non-imputability, an institution that was not in the old Penal code. Thus, the two situations that we find in art. 26 from the new Penal code were similar in the old Penal code with self-defense stipulated in art. 44 paragraph 3, respectively state of necessity, stipulated in art. 45 paragraph 3. It is considered that the effect caused by the two situations is the same as in the case of self-defense and of the state of necessity: it eliminates the criminal nature of the crime due to the lack of guilt. However, the new Penal code includes self-defense and state of necessity in the category of justified causes, which gives the crime a legitimate nature and therefore allowed by the law, unlike the crime committed in the presence of non-imputable excess, which no longer has a legitimate nature and therefore it is no longer justified but it cannot be imputed to the person who committed it.

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