The influence of attenuating circumstances on the penal liability of the deliquent

• Author: Laura Roxana Popoviciu - Calin Nicolae Popoviciu
• Position: AGORA University, Oradea, Law and Economics Faculty - Police Inspector
• Pages: 232-235

THE INFLUENCE OF ATTENUATING CIRCUMSTANCES ON THE PENAL

LIABILITY OF THE DELIQUENT

Ph.D Lecturer Laura-Roxana Popoviciu

AGORA University, Oradea

Law and Economics Faculty

laura _popoviciu@univagora.ro

Police Inspector Călin-Nicolae Popoviciu

Abstract: In art. 72 of Romanian Penal Code we encounter among general criteria of

appropriation, circumstances that are attenuating or aggravating the penal liability, criteria that

refers to the cluster of circumstances, situations, qualities or states that can influence the penal

liability. These circumstances are placed outside the essential content of the offence, representing

the so-called circumstantial content and only by chance they can accompany the preparation, the

commitment or the consequences of the deed.

These circumstances, if they exists, can sometimes determine a real change of the juridical

treatment foresee by the law for the committed deed, according to the measurement and the

conditions prefigured by the dispositions that regulates these modification reasons of the penalty.

Key words: penal liability, attenuating circumstances

In art. 72 of Romanian Penal Code we encounter among general criteria of appropriation,

circumstances that are attenuating or aggravating the penal liability, criteria that refers to the cluster

of circumstances, situations, qualities or states that can influence the penal liability. These

circumstances are placed outside the essential content of the offence, representing the so-called

circumstantial content and only by chance they can accompany the preparation, the commitment or

the consequences of the deed.

These circumstances, if they exists, can sometimes determine a real change of the juridical

treatment foresee by the law for the committed deed, according to the measurement and the

conditions prefigured by the dispositions that regulates these modification reasons of the penalty.

Any human demeanour manifests itself in a extremely complex ambiance consisting on

many conditionality’s that can determine a person to take action in some ways, in which this person

should abstain itself from committing a chain of infractions by controlling those tendencies that are

pushing it to brake the law.

If a person breaks the law, it is important to apply a penalty to this person as a consequence

of its aberrant option of that person, regarding who it bears the whole responsibility. For a penalty

to be efficient it must be directly proportional to the gravity of the offence, not to clement, not to

harsh, but just right.

Considering these aspects, the penal legislation developed the necessity of applying suitable

penalties according the nature, the duration, the delinquent and the gravity of the offences

committed. This is possible only by individualizing the penalty, an extremely complex operation.

According to the Penal Code, one of the criteria the court has to take into account regarding

this appropriation of the penalty beside dispositions of the general part of the Penal Code, penalty

limits provided in the special part or in special laws, gravity of the offence committed, delinquent’s

personality and the circumstances that aggravates the penal liability are the circumstances that are

attenuating the penal liability.

Any offence can be committed in presence of these kind of circumstances, circumstances

that have to be taken into account by the court as mandatory legal or judicial (permissive). In case

these offences are ascertained, the court will have to attenuate the penal liability.

If these offences were missing, the penal liability would be less harsh.