THE DIFFERENTIATION BETWEEN FAULT AND INDIRECT INTENTION IN ROMANIAN CRIMINAL LAW: AN INTERDISCIPLINARY ANALYSIS Cover Image

DIFERENȚIEREA DINTRE CULPĂ ȘI INTENȚIA INDIRECTĂ ÎN DREPTUL PENAL ROMÂN: O ANALIZĂ INTERDISCIPLINARĂ
THE DIFFERENTIATION BETWEEN FAULT AND INDIRECT INTENTION IN ROMANIAN CRIMINAL LAW: AN INTERDISCIPLINARY ANALYSIS

Author(s): Mihai Merișescu
Subject(s): Criminal Law, Behaviorism, Sociology of Law
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: fault; guilt; intention; doer; provision; criminal code; article;

Summary/Abstract: The correct establishment of guilt is a cornerstone in the process of applying the norms of criminal law. In this context, fault and indirect intention are two fundamental forms of guilt that decisively influence the classification of offences and, implicitly, the severity of applicable sanctions. The distinction between these two forms of guilt is essential for assessing the degree of criminal responsibility, and the analysis must include not only the elements of positive law, but also considerations from the sphere of psychology. Thus, the complex understanding of the differences between fault and indirect intention requires an interdisciplinary approach that explains both the legal and psychological mechanisms involved in the doer’s behavior.

  • Issue Year: 2023
  • Issue No: 4
  • Page Range: 27-34
  • Page Count: 8
  • Language: English, Romanian
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