ANALIZĂ TEORETICĂ ȘI PRACTICĂ PRIVIND CIRCUMSTANȚA ATENUANTĂ LEGALĂ A PROVOCĂRII, PREVĂZUTĂ DE ART. 75, LIT. A COD PENAL
THEORETICAL AND PRACTICAL ANALYSIS REGARDING THE LEGAL MITIGATING CIRCUMSTANCE OF PROVOCATION, PROVIDED FOR BY ART. 75, LETTER A OF THE CRIMINAL CODE
Author(s): Elena-Giorgiana SimionescuSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: EDITURA ,,ACADEMICA BRÂNCUȘI”
Keywords: provocation by the injured person; legal; personal mitigating circumstance; provocative act; retaliation; provoked crime; state of provocation; reduction of punishment;
Summary/Abstract: Provocation consists of the commission of a crime by a natural person (the perpetrator) acting under the influence of a strong disturbance or emotion, determined by a provocative act, generated by the injured person (the victim), through violence, serious violation of dignity (extreme insults, public humiliation) or other serious illicit act. In these circumstances, the act remains a crime, attracts the criminal liability of the perpetrator, with the retention of the mitigating circumstance of provocation, but the gravity decreases, because the reaction of the perpetrator is partially explainable psychologically and socially. As a legal effect, it determines the reduction of the punishment and has a personal character, because it benefits only the perpetrator in the state of provocation.
Journal: ANALELE UNIVERSITĂȚII ,,CONSTANTIN BRÂNCUȘI” DIN TÂRGU JIU - SERIA ȘTIINȚE JURIDICE
- Issue Year: 2024
- Issue No: 4
- Page Range: 93-106
- Page Count: 14
- Language: English, Romanian
