CAZURI DE ÎNLĂTURARE A CARACTERULUI PENAL AL FAPTEI DATORITĂ STĂRII DE EBRIETATE
CASES OF REMOVAL OF THE CRIMINAL CHARACTER OF THE ACT DUE TO DRUNKNESS

Summary/Abstract: According to the Romanian criminal law, the juridical-criminal institutions and their corresponding regulations are grouped around three fundamental realities, namely: the criminal act, the perpetrator and the legal constraint. The first reality corresponds to the institution of the crime and the regulations related to the crime, the second corresponds to the institution of criminal liability, and to the third, the institution of punishment, each with the corresponding regulations. In our opinion, therefore, drunkenness can be not only a mitigating factor of punishment, but also a cause that would exclude guilt, and consequently, criminal liability. For these reasons, the phrase "shall be taken into account when applying the sentence", a phrase contained in art. 24 Criminal Code of the Republic of Moldova and art. 29 of the Romanian Penal Code - Poisoning - The act provided by the criminal law, committed by the person who, at the time of committing it, could not be aware of his actions or inactions, or could not control them, due to involuntary poisoning, is not imputable with alcohol or other psychoactive substances. The state of intoxication would thus be regulated in the criminal law of the Republic of Moldova and as a cause of removal of the criminal character, being a cause that excludes guilt.

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