Causes of Non-Imputability in Romanian Criminal Law
Causes of Non-Imputability in Romanian Criminal Law

Author(s): Gabriel-Alin Ciocoiu
Subject(s): Criminal Law, Penal Policy
Published by: Scientia Moralitas Research Institute
Keywords: physical constraint; moral constraint; non-accountable excessiveness; underage perpetrator; mental incompetence; intoxication; error; fortuitous case;
Summary/Abstract: This study focuses on the causes of non-imputability provided in the Romanian Criminal Code from 2009, as it entered into force in 2014. It presents eight causes of non-imputability: physical constraint, moral constraint, non-accountable excessiveness, underage perpetrator, mental incompetence, intoxication, error, fortuitous case. In the Romanian criminal legislation, the causes of non-imputability are a new element, replacing the notion of causes that remove the criminal character of the act used in the Criminal Code from 1968. When it is established that an act provided for by the criminal law was committed under the conditions of one of the causes of non-imputability, that deed will not constitute a crime from the perspective of removing the imputable character that leads to the impossibility of applying a punishment or an educational measure. The effect of the causes of non-imputability does not extend to the participants, except in the fortuitous case.

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