EIRP Proceedings, Vol 9 (2014)

Abstract

The new Criminal Code adopted by Law no. 286/2009 , which entered into force on 01.02.2014 , introduce regulation supporting causes and causes of non - imputability , unlike the Criminal Code of 1969, as a natural result of the changes the concept offense (art. 15 NCP). Implications knowledge of this concept, which characterizes the essential features of great importance for the activity of judicial enforcement of criminal law, criminal law and for recipients who are subject to its knowledge. This paper presents an analysis of newly introduced institutions Romanian criminal law, revealing the foundation concepts , the innovations and their justification based on legislative experience, doctrine and jurisprudence of other states, and the Romanian state. Result of  these experiences is introduced into Romanian Criminal Code provisions designed to achieve a settlement of the concept of crime, its content, in agreement with the appropriate vision on offense. Study of the causes of justification and causes of non-imputability, based on analysis of the legal texts and authors analysis presents possible implications, the entry into force of these provisions. Also, the paper, making a presentation of the concepts may be of interest to both theoreticians and practitioners, but also for those involved in knowledge and reasoning criminal legal institutions (doctoral, masters, students, etc.).