Justifying Causes in Regulating the New Romanian Criminal Code

摘要

In the provisions of the new Criminal Code, in the second chapter of Title II, Offense, the Romanian legislature found it necessary to introduce a new institution, that of justifying causes (self-defense, necessity estate, exercise of a right or performance of an obligation, consent of the person injured). Thus, it was considered that the existence of the crime is conditioned not only by the presence of defining essential features represented by the provision in the criminal law, and committing the act with guilt and the possibility of imputation to the one who committed it, and the absence of any justifying cause that could remove the unlawful nature of the act. Note that the effect of such causes operates in rem, extends also over the participants.