Interferences Between the Offence Concept and the Justificative Causes
Interferences Between the Offence Concept and the Justificative Causes

Summary/Abstract: The offense, a fundamental institution of the criminal law, concentrates around it all the regulations in the criminal law. From here, the necessity felt by the legislator to define since the beginning the essential traits of the offense in order to assure a general and main orientation, which is absolutely necessary for the understanding and the correct implementation of the provisions from the general and specific part of the penal code. On the basis of the general traits of the offense,stated in the art.15 (the second title, Chapter 1) Penal Code, there have been regulated in Chapters II and III the situations that exclude some of these traits (the justificative causes and the unimputability causes). The nature of the justificative causes was reintroduced in the Penal Code 2009 (Law no.286/2009- published in the Romanian Official Gazzette no.510/24.07.2009, coming into force on the 1st of February 2014). The importance of this institution of criminal law, but also the way it interferes with the actions that remove the penal interdiction, compose the content of this article that develops the Romanian penal legislation before the Penal Code 2009.

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