THE FUNDAMENTS OF EXPLANATORY CAUSES
Journal Title: Challenges of the Knowledge Society - Year 2015, Vol 5, Issue 0
Abstract
The new Criminal Code in the specter of the legal life the division of causes removing the criminal feature of the offence in explanatory causes and non-attributable causes. This dichotomy is not without legal and factual fundaments and has been subjected to doctrinaire debates even since the period when the Criminal Code of 1969 was still in force. From our perspective, one of the possible legal fundaments of the explanatory causes results from that the offence committed is based on the protection of a right at least equal with the one prejudiced by the action of aggression, salvation, by the legal obligation imposed or by the victim’s consent.
Authors and Affiliations
Lavinia Mihaela VLĂDILĂ
Keywords
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