Gladchi, Gheorghe2024-06-252024-06-252024GLADCHI, Gheorghe. Eroarea și importanța ei în dreptul penal. In: Infracţiunea - Răspunderea penală - Pedeapsa. Drept şi Criminologie: conferinţă ştiinţifică internaţională, ediția a 3-a, 7-8 decembrie 2023. Chișinău: CEP USM, 2024, pp. 38-50. ISBN 978-9975-62-754-2.978-9975-62-754-2https://doi.org/10.5281/zenodo.12073188https://msuir.usm.md/handle/123456789/15636The problem of the classification of the crime and criminal liability in the case of the perpetrator's error is controversial and has given rise to the expression of different opinions in the specialized literature. The concept of error is under these conditions a concept loaded with novelty and overwhelmed by multiple perspectives that its treatment can offer. The error is not regulated by our criminal law, therefore the attribute of defining the error and developing the rules regarding its influence on the form of guilt and criminal liability belongs to the science of criminal law. There are multiple attempts by the doctrine to define this notion, including the notions of error of law and error of fact. The paper analyzes the main points of view from the legal literature regarding the definition and explanation of the notions of error, error of law and error of fact. In this order of ideas, the main features of the error of law and the error of fact are highlighted. Classification criteria and various classifications of error are appreciated. The influence of the legal and factual error modalities on the legal assessment of the committed deed, the classification of the crime and criminal liability is analyzed. A special look is given to the establishment of the rules for the qualification of crimes in the case of the modalities of the factual error: the error in the object of the crime, the error in the nature of the action or inaction, the error in the prejudicial consequences, the error in the causal link, the error in the circumstances that aggravate the liability, etc. It is proposed to introduce into the current Criminal Code a rule that would stablish the signs of legal and factual error,as well as the rules of ualification in case of their existence.rolegal errorfactual errorcriminal liabilityEROAREA ȘI IMPORTANȚA EI ÎN DREPTUL PENALArticle