IMPUTABILITY AS A SPECIAL FEATURE OF THE OFFENCE, ACCORDING WITH THE NEW PENAL CODE (LAW NO. 286/2009). CONCEPT. CONTROVERSIES
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Authors:
• Versavia BRUTARU, email: bversavia@gmail.com, Afiliation: Scientific researcher (III), Juridical Research Institute “Acad. Andrei Radulescu”, Romanian Academy -
Keywords: imputability, imputation, incrimination norm, action/inaction, result, illicit character of the deed
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Abstract:
The issue of imputation in penal law generated, through out the history, many controversies. The principal aim of this study is to clarify this concept, both in relation with the Romanian and foreign doctrine, and with the new provisions of the new Penal code, enforced by the Law nr. 286/2009. The new Penal code introduces, a new definition of the offence, containing the concept of “imputability”. Our study is based both on the opinions of some foreign authors regarding the concept of imputability, imputation and Romanian authors.According to the Initiator (Ministry of Justice) the main justification for introducing this concept into the offence definition was that “a deed, in order to bring upon criminal responsibility, must not only to correspond with the legal description, to be unjustified, but also, the deed, must be able to be imputable to the offender; that means, the deed could be reproached to the offender. In order to discuss this concept of imputation, there are necessary some premises: the offender must have had the representation of his/her actions or inactions and the lack of any duress (the offender should not have been irresponsible, intoxicated or an under aged). In addition, the offender must have known the illicit character of the deed when committing the offence (the lack of error). Also, the study is structured in tree parts, fist beginning with the need for a definition of the offence, second part refers to the concept of offence in Romanian law; third part (the extended one) is dedicated to the essential features of the offence, with a special view on imputation/imputability.