Guilt – Aspects of Comparative Law

Authors

  • M.M. Barsan Transilvania University of Brasov, Romania
  • M.M. Cardis Transilvania University of Brasov, Romania

Keywords:

guilt, Criminal Code, crime, intend, subjective element

Abstract

Starting from the definition of crime, according to the provisions of Article 15 of the Criminal Code, a crime is considered to be a deed regulated by criminal law, committed with guilt, unjustified, and imputable to the person who committed it. A second important characteristic of crime, according to Article 15 of the Criminal Code, is guilt. In order for the deed to be considered a crime, it is not enough that the activity performed by the perpetrator correspond to the incriminating regulation, it is also necessary that the author acted from the mental position described by law as a crime. Article 16 of the Criminal Code stated the rule according to which “a deed is a crime only if it was committed with the appropriate form of guilt, as required by criminal law”.

Author Biographies

M.M. Barsan, Transilvania University of Brasov, Romania

Law Department

M.M. Cardis, Transilvania University of Brasov, Romania

Student al Law Faculty

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Published

2014-12-22

Issue

Section

LAW