CAUZE CARE ÎNLĂTURĂ CARACTERUL PENAL AL FAPTEI DAR NU SUNT PREVĂZUTE DE LEGEA PENALĂ

Abstract

This paper aims to analyze the causes that remove the criminal nature of an act but are not provided for by our penal law. The introduction of these causes in Chapter III of the current Penal Code is subject to debate in legal literature. These causes include: the victim’s consent, the execution of legal provisions, the fulfillment of an obligation, the causing of harm during sports competitions, the execution of a special mission. Through the conducted study, the conditions necessary for their existence have been established, the common features of the analyzed circumstances and the causes that remove the criminal nature of the act, as provided by law, have been identified. The introduction of the analyzed circumstances in the respective chapter of the present Code is proposed, as these causes only have effects if specifically provided for and under the conditions established by law.