Liberarea de răspundere penală în legătură cu renunţarea de bună voie la săvârşirea infracţiunii

Abstract

The issue of the legal nature and effects produced by voluntary abandonment of committing a crime is controversial and has occasioned different opinions in modern criminal science. The current Criminal Code recognizes voluntary abandonment of committing a crime as a way of releasing from criminal liability. This paper analyzes the main viewpoints from legal literature as well as from the legislator regarding the definition of the concept of voluntary abandonment of committing a crime and establishes its legal nature. In this context, the conditions that must be met for the existence of voluntary abandonment of committing a crime are established, and the considerations taken into account by our legislator in the case of regulating voluntary abandonment of committing a crime are specified. The manifestation of voluntary abandonment is analyzed both during the preparation acts and the attempt of the crime, including in the case of interrupted attempt and consummated attempt. Special attention is given to the liability of participants in the case of their voluntary abandonment. According to the author, voluntary abandonment of committing a crime cannot be considered a way of releasing from criminal liability because, by its legal nature, it differs from the institution of release from criminal liability. Unlike other ways of releasing from criminal liability, voluntary abandonment of committing a crime is a circumstance that excludes criminal liability for the crime that was not completed due to the perpetrator’s voluntary abandonment.