Why justifying causes and why non-imputable causes?

Laura-Roxana Popoviciu

The regulation on new basis of the definition of the offence determined a new judicial rethink of other important institutions, because, Chapter II is consecrated to justifying causes, and Chapter III is consecrated to non-imputable causes, causes that replace in two distinctive institutions the former causes which removed the penal character of the act provided for by the Criminal code from 1968 in Chapter V, Title II.
The law, as a normative act which emanates from the legislative organ, brings under regulation all existing social relations and requires compliance with them by the force of state’s coercion.
The Romanian criminal code in force, the law 286/2009 gives a clear definition of the delinquent act (offence) in which it states that: it is necessary to provide for the act in the criminal law, it is necessary to commit the offence with guilt, it is necessary the unjustified character of the act provided for by in the criminal law, the criminal act must be imputable to the person who committed it.

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