Actually and prospective judicial-criminal dimensions of judicial liability conditions

• Author: Monica Pocora - Mihail-Silviu Pocora - Georgeta Modiga
• Position: Ph.D. Lecturer, 'Danubius' University of Galati - Candidate to Ph.D. 'Al. I. Cuza' Police Academy - Ph.D. Lecturer, 'Danubius' University of Galati
• Pages: 4-5

ACTUALLY AND PROSPECTIVE JUDICIAL-CRIMINAL DIMENS IONS OF JUDICIAL LIABILITY

CONDITIONS

Monica Pocora

Mihail-Silviu Pocora

Georgeta Modiga

Abstract

To infringe the lega lity in a la w state is to be lia ble to legal responsibility. To corrobor ate the judicial

liability conditions, in genera l, with judicial -criminal aspects, especia lly, may determine a n approa ch of

emerged outcomes. Also, due to modifications a ppeared by Law no. 286/2009 on the Criminal Code. Therefoe,

this study aims to discuss the novelty elements in matters of criminal liability, a s a part of judicial lia bility.

Key words: illicit, injury, culpability, justification, non-a ttributable.

Introduction

Criminal responsibility, the fundamental pa rt of Criminal law, alongside with offence and punishment,

present character istics destined to individualize in rela tion with other forms of judicial responsibility. J udicial

responsibility is a specific form of social responsibility that co nsists in all r ights and ob ligations a rising due to

committed some illicit facts and r epresents the realization frame of state coercion by application of legal

sanctions destined to ensure the rules of la w. To be involved the judicial lia bility, gener ally, is r equired to be

combined cer tain conditions. New Crimina l Code introduces some n ovelty elements regarding the content of

some of them.

The conditions of judicial liability, generally, r epresent all significant factors that must be combined

simultaneously, both in terms of illicit act and the author, for creating the necessary framework of its sanction, in

relation with his conduct. For legal liability attract, it is necessary to combine the following conditions:

 To exist an illicit behavior (action) – is repr esent the foundation of liability objective; in absence of

exteriorization the dishonesty, the legal liability can not materialize. T he term of “judicial fact”, refers both to

the legal subject behavior in matters of social relationships, but also the judicial rules disregarded by the

behavior about.

The action constitutes the common way to achieve the illicit behavior. Inaction constitutes the

abstention from an action that the person is obliged by law to do it. Passivity ( inaction) is not a simply non

action, but is a action by omission t hat is a person behavior who ignores the burden-some rules (for example, not

paying a debt within prescribed time).

There are situations, within law infringed, combined both the action elements and those of inaction (for

example, the material element of infanticide offence can be realized both by action and by inaction).

If the rule is prohibitive, the illicit behavior consists in the prohibited rule itself, if the rule is burden-

some, then the inaction deter mines penalty application. The controversies arise within disposals rules, which

offer to legal subject the possibility to choose one behavior from several possible.

 To exist an baneful outcome of namely illicit behavior – according to the legal nature of offence, the

effects can be material (for example, offence committed by violence), these are result offences, or non material

(such as, insult offence, abrogated by Law no. 278/2009, actually incriminated and put it out of sanction in

accordance with Law no. 286/2009).

It is also distinguished danger offences category, such as driving vehicle in intoxicated state, destined to

people transportation. The outcome especially in case of material offences, present a particular importance as

proven element for illicit action, starting from its producing moment, has to established committed act.

This is reason in some form of criminal or civil illicit area, although manifested a certain activit y, the

absence of material outcome is able to be equated with offence absence or attempted existence.

 To exist a causal relationship between illicit behavior and harmful outcome – in social plan is acting

what Immanuel Kant named causa lity through freedom. Under liability, the cause is individual conscious

attitude that behavior has as effect, danger state or threat, produced by social relationship damaged or harmed,

promoted or protected by law rules. So, the cause of judicial liab ility is state of social insecurity produced by law

disregarding. Establishing this relationship is often difficult, reason for resorted to using the terms such as

“cause” and “conditions”. Consequently, the prejudice cause is that factor which can determine directly and

 Ph.D. Lecturer, “Danubius” University of Galati, monicapocora@univ-danubius.ro.

 Candidate to Ph.D. “Al. I. Cuza” Police Academy, silviupocora@yahoo.com.

 Ph.D. Lecturer, “Danubius” University of Galati, georgeta.modiga@yahoo.com.