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State of Necessity
State of Necessity

Author(s): Bogdan Vîrjan
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: state of necessity; ground of justification; danger; rescue operation; social values;

Summary/Abstract: According to current Criminal Code, state of necessity is no longer deemed to be a cause removing the criminal nature of the act by the removal of guilt. The opinion of many authors of legal literature, according to which whenever state of necessity is present the unlawful nature of the act is removed, is thus taken over. In this regard, current Criminal Code includes state of necessity in the category of grounds of justification. Therefore, Article 18 (1) of current Criminal Code stipulates that the act provided by criminal law is not an offence if one of the grounds of justification provided by law exists, and Article 20 (1) of the Criminal Code stipulates that the act provided by criminal law is justified when committed in a state of necessity.Having regard to the amendments made to the state of necessity by current Criminal code, this article is a thorough analysis of the state of necessity by reference to the regulation contained in previous Criminal Code.

  • Issue Year: VI/2018
  • Issue No: VI
  • Page Range: 262-271
  • Page Count: 10
  • Language: English