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Psychological theory of guilt in the Romanian Criminal Code

Author

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  • Cristinel Ghigheci

    (Transilvania University of Brasov, Judge of the Brasov Court of Appeal, Romania)

Abstract

In art. 16 paragraph (1) – (4), the new Romanian Criminal Code refers to some psychological processes, such as representation and willpower, which lead us to believe that the psychological theory of guilt has been preserved, being also mentioned in art. 19 in the old Criminal code. This theory of guilt has known many tendencies over time, entering our doctrine and legislation as the theory of representation. According to this theory when someone wants to do a certain physical act he foresees the consequences of that act, meaning that in his mind he has the representation (the image) of the natural consequences following that activity, and this representation of the result, the finality of the willful activity, is an act of conscience accompanying the act of will. These are reference points to be taken into consideration when the judiciaries analyze the criminal guilt whenever an offence has been committed under the criminal law.

Suggested Citation

  • Cristinel Ghigheci, 2017. "Psychological theory of guilt in the Romanian Criminal Code," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(1), pages 207-213, June.
    • Handle: RePEc:asr:journl:v:7:y:2017:i:1:p:207-213
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    More about this item

    Keywords

    guilt; theory of representation; conscience; willpower; normative theory.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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