IDEAS home Printed from https://ideas.repec.org/a/tec/aaequi/v10y2020i1p184-200.html
   My bibliography  Save this article

Critical analysis of irresponsibility in the sciences criminal

Author

Listed:
  • Luciana Girleanu

    (Ovidius University of Constanta - Faculty of Law and Administrative Sciences)

Abstract

In the European legal culture, a specific concept of criminal responsibility has developed. It includes the conditions for the imposition of criminal sanctions and defines the concept and structure of an offense. Thus, sometimes the term "principle" is used in relation to the condition of criminal liability. There is, for example, the principle of guilt. In this context, Latin terminology is also used very often, such as "nullum crimen sine culpa", "nullum crimen sine periculo sociali", etc. Criminal liability should not be confused with jurisdiction in order to be tried. The competence to be part of a trial is given mainly by the mental capacity of the defendant during the legal proceedings. Criminal liability, also known as "defense of insanity", refers to the time of the alleged offense and, more specifically, to the question whether the defendant had the mental capacity to distinguish between right and wrong at the time of the alleged offense and can control his conduct, Consequently. Assessments of people with mental health problems are usually considered more complex than assessments of competence. Consequently, it is extremely difficult to determine what another person was thinking, feeling and doing at the time of a crime. If the defendant is not held criminally liable, he or she is rarely released. The person is usually sent to a medical unit, specializing in mental illness, where he will stay as long as needed.

Suggested Citation

  • Luciana Girleanu, 2020. "Critical analysis of irresponsibility in the sciences criminal," Ars Aequi, Universul Juridic, vol. 10(1), pages 184-200, December.
  • Handle: RePEc:tec:aaequi:v:10:y:2020:i:1:p:184-200
    as

    Download full text from publisher

    File URL: https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/139
    Download Restriction: no

    File URL: https://revista.drept-ovidius.ro/index.php/arsaequi/article/view/139
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Irresponsibility; criminal sciences;

    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:tec:aaequi:v:10:y:2020:i:1:p:184-200. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Tanase Tasente (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.