The Psychology of Guilt in Criminal Law: A Comparative Review of Romanian Legal Aspects
The Psychology of Guilt in Criminal Law: A Comparative Review of Romanian Legal Aspects

Author(s): Nicoleta-Elena Heghes, Cristina-Gabriela Schiopu
Subject(s): Criminal Law, Criminology
Published by: Scientia Moralitas Research Institute
Keywords: criminal; guilt; discernment; expertise; psychiatry; law
Summary/Abstract: Criminal law is based on a subjective characterization of an objective act. The dichotomy of the concept is the very base of the investigation process and, at the border of the two notions, stands the forensic psychiatry. It adds quality to quantity by constructing arguments and building a strong foundation for the undeniable definition of the criminal offence: guilt. If law analyses facts as quantitative manifestation of an antisocial activity, the psychological meaning of the guilt is dissected in a complex lexical and scientific family of equivalent aspects. Discernment, intent, responsibility, motivation, motive are constructs of environmental and internal cognitive and emotional influences that align into proportional connections, characterizing guilt, which implies past, present and future implications of a criminal offence.

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