Excesul neimputabil. Evoluția istorică a conceptului, aspecte de drept comparat și practică judiciară.
Imputable Excess . Historical Evolution of the Concept, Comparative Law Aspects and Jurisprudence

Author(s): Maria Oprea, Gina-Gabriela Oprea
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: justificative causes; non-imputable causes; non-imputable excess; overpassing self-defense limits; legal circumstance of incitement.
Summary/Abstract: Starting from three cases ruled by Buzau County Tribunal, the Criminal Section, as a primary instance, we are aiming to analyse the conditions in which can be considered that the facts provided by the criminal law have been committed taking into account the self-defense, non-imputable excess of self-defense or excusable excess (overpassing the limits of self-defense) or the stage of incitement. The analysis is completed by the evolution of non-imputable excess, aspects of comparative law and de lege ferenda proposals

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