THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATION
The review of the legal background, based on which was inserted in the time-specific normative acts, the justifiable cause under study indicates the legislator’s concern to provide some provisions removing the unjustifiable character of a criminal act. The legislator authoring the new Criminal Code...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2025-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_005.pdf |
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| _version_ | 1849728594898583552 |
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| author | Alin-Sorin NICOLESCU Mircea-Constantin SINESCU |
| author_facet | Alin-Sorin NICOLESCU Mircea-Constantin SINESCU |
| author_sort | Alin-Sorin NICOLESCU |
| collection | DOAJ |
| description | The review of the legal background, based on which was inserted in the time-specific normative acts, the justifiable cause under study indicates the legislator’s concern to provide some provisions removing the unjustifiable character of a criminal act. The legislator authoring the new Criminal Code emphasized that not all the causes removing the criminal character of an act are based on the absence of guilt. As regards justifiable causes, criminal law allows committing some acts that it itself forbids. In fact, in the context of some well-delimited states or circumstances, the unjustifiable character of a criminal act is removed, providing it the aspect of legality. The doctrine underlined the need for a regulation granting safety and certainty upon fulfilling their duties to the person enforcing the law, especially when, between such person and the law, an authority empowered to issue orders interposes itself; this means that such person should be aware that they are protected and defended against any liability, to the extent they fulfill their work-related duties in strictly legal conditions. |
| format | Article |
| id | doaj-art-f58d2cf822a6476dbe8bfbc12d9c3589 |
| institution | DOAJ |
| issn | 2068-7796 2359-9227 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-f58d2cf822a6476dbe8bfbc12d9c35892025-08-20T03:09:31ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962359-92272025-05-011813845THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATIONAlin-Sorin NICOLESCU0Mircea-Constantin SINESCU1Lecturer, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest; Judge, High Court of Cassation and Justice of Romania (e-mail: nicolescualinsorin@gmail.com)Lecturer PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest; Managing Partner – SINESCU & NAZAT Attorneys-at-law, Lawyer, Bucharest Bar Association (e-mail: mircea.sinescu@sinescu-nazat.ro)The review of the legal background, based on which was inserted in the time-specific normative acts, the justifiable cause under study indicates the legislator’s concern to provide some provisions removing the unjustifiable character of a criminal act. The legislator authoring the new Criminal Code emphasized that not all the causes removing the criminal character of an act are based on the absence of guilt. As regards justifiable causes, criminal law allows committing some acts that it itself forbids. In fact, in the context of some well-delimited states or circumstances, the unjustifiable character of a criminal act is removed, providing it the aspect of legality. The doctrine underlined the need for a regulation granting safety and certainty upon fulfilling their duties to the person enforcing the law, especially when, between such person and the law, an authority empowered to issue orders interposes itself; this means that such person should be aware that they are protected and defended against any liability, to the extent they fulfill their work-related duties in strictly legal conditions.https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_005.pdfcausejustifiableexercisingrightfulfillmentobligation |
| spellingShingle | Alin-Sorin NICOLESCU Mircea-Constantin SINESCU THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATION Challenges of the Knowledge Society cause justifiable exercising right fulfillment obligation |
| title | THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATION |
| title_full | THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATION |
| title_fullStr | THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATION |
| title_full_unstemmed | THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATION |
| title_short | THEORETICAL ISSUES REGARDING THE JUSTIFIABLE CAUSE FOR EXERCISING A RIGHT OR FULFILLING AN OBLIGATION |
| title_sort | theoretical issues regarding the justifiable cause for exercising a right or fulfilling an obligation |
| topic | cause justifiable exercising right fulfillment obligation |
| url | https://cks.univnt.ro/download/cks_2025_articles%252F1_CKS_2025_CRIMINAL_LAW%252FCKS_2025_CRIMINAL_LAW_005.pdf |
| work_keys_str_mv | AT alinsorinnicolescu theoreticalissuesregardingthejustifiablecauseforexercisingarightorfulfillinganobligation AT mirceaconstantinsinescu theoreticalissuesregardingthejustifiablecauseforexercisingarightorfulfillinganobligation |