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  • 标题:ACTUALLY AND PROSPECTIVE JUDICIAL-CRIMINAL DIMENSIONS OF JUDICIAL LIABILITY CONDITIONS
  • 本地全文:下载
  • 作者:Monica Pocora ; Mihail-Silviu Pocora ; Georgeta Modiga
  • 期刊名称:AGORA International Journal of Juridical Sciences
  • 印刷版ISSN:1843-570X
  • 电子版ISSN:2067-7677
  • 出版年度:2011
  • 卷号:2011
  • 期号:2
  • 出版社:AGORA University Publishing House
  • 摘要:AbstractTo infringe the legality in a law state is to be liable to legal responsibility. To corroborate the judicial liability conditions, in general, with judicial-criminal aspects, especially, may determine an approach of emerged outcomes. Also, due to modifications appeared by Law no. 286/2009 on the Criminal Code. Therefoe, this study aims to discuss the novelty elements in matters of criminal liability, as a part of judicial liability. Introduction:
    IntroductionCriminal responsibility, the fundamental part of Criminal law, alongside with offence and punishment, present characteristics destined to individualize in relation with other forms of judicial responsibility. Judicial responsibility is a specific form of social responsibility that consists in all rights and obligations arising due to committed some illicit facts and represents the realization frame of state coercion by application of legal sanctions destined to ensure the rules of law. To be involved the judicial liability, generally, is required to be combined certain conditions. New Criminal Code introduces some novelty elements regarding the content of some of them. Conclusions:
    ConclusionsCriminal liability, as a form of judicial liability has to combine certain conditions to may be applicable, whether are stipulated by the criminal law in force, either are subject to modifications. But them analysis should refers to consequences produced as follows criminal liability, such as, possible controversies arising from non attributable excess. Moreover, can be discussed the intoxication consequences when the offender is not able to be subject of liability, committed under involuntary intoxication with psychoactive substances. However, the criminal liability is based on term of “penalty”, reduced almost major offences stipulated by the New Criminal Code. References:
    Bibliography:Carmen Domocos, “Fapta omisivă şi incriminarea ei în legea penală română”, Universul Juridic Publishing House, Bucharest, 2010;Ilie Pascu, “Drept penal. Partea generală”, Hamangiu Publishing House, Bucharest, 2009;Maria Kmen, Ruxandra Rata, “Răspunderea penală a minorului”, Hamangiu Publishing House, Bucharest, 2007;Mihai Albici, “Despre drept şi ştiinţa dreptului”, All Beck Publishing House, Bucharest, 2005.
  • 关键词:illicit, injury, culpability, justification, non-attributable.
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