Vinovăţia victimei [Articol]

Abstract

Criminal law does not comprise the notion of ‘victim’s fault’. Victim’s fault is a circumstance that mitigates the liability of and punishment applied onto the criminal. Since victim’s fault is a pretext to commission of a criminal deed, it cannot be regarded as a subjective aspect of the elements of crime. To the contrary, it is found within the signs of objective aspects of a crime and contributes to commission of a criminal deed.