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The Psychology of Guilt in Criminal Law: A Comparative Review of Romanian Legal Aspects

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  • Nicoleta-Elena Heghes

    (Dimitrie Cantemir Christian University of Bucharest, Romania)

  • Cristina-Gabriela Schiopu

    (Institute of Psychiatry Socola Iasi, Romania)

Abstract

Criminal law is based on a subjective characterization of an objective act. The dichotomy of the concept is the very base of the investigation process and, at the border of the two notions, stands the forensic psychiatry. It adds quality to quantity by constructing arguments and building a strong foundation for the undeniable definition of the criminal offence: guilt. If law analyses facts as quantitative manifestation of an antisocial activity, the psychological meaning of the guilt is dissected in a complex lexical and scientific family of equivalent aspects. Discernment, intent, responsibility, motivation, motive are constructs of environmental and internal cognitive and emotional influences that align into proportional connections, characterizing guilt, which implies past, present and future implications of a criminal offence.

Suggested Citation

  • Nicoleta-Elena Heghes & Cristina-Gabriela Schiopu, 2021. "The Psychology of Guilt in Criminal Law: A Comparative Review of Romanian Legal Aspects," RAIS Conference Proceedings 2021 0143, Research Association for Interdisciplinary Studies.
    • Handle: RePEc:smo:lpaper:0143
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    References listed on IDEAS

    as
    1. Roman VERESHA, 2016. "Criminal and Legal Characteristics of Criminal Intent," Journal of Advanced Research in Law and Economics, ASERS Publishing, vol. 7(7), pages 1881-1890.
    2. repec:srs:journl:jarle:v:7:y:2016:i:7:p:1881-1890 is not listed on IDEAS
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      Keywords

      criminal; guilt; discernment; expertise; psychiatry; law;
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