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CNAA / Theses / 2016 / May /

Criminal guilt: concept and characterization" PhD thesis in law

Author: Georgian Dan
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Scientific adviser: Alexandru Mariţ
doctor, professor, Institute of History of the ASM
Institution: Free International University of Moldova


The thesis was presented on the 27 May, 2016
Approved by NCAA on the 6 October, 2016


Adobe PDF document0.39 Mb / in romanian


CZU 343.

Adobe PDF document 1.34 Mb / in romanian
175 pages


subjective side, subjective dimension, guilt, psychological process, intention, reckless, dual form of guilt, error, premeditation, motive, purpose


Thesis structure: introduction, four chapters, conclusions and recommendations, bibliography consisting of 259 titles, 139 pages of basic text. The results are published in 8 scientific papers.

Field of study: The work falls within the general criminal law, where criminal guilt is being the central institution at this approach. The purpose of the thesis is to research criminal guilt by identifying its place in the overall subjective dimension of the crime or the subjective side of it and analysis of all mental processes specific for the crime.

Objectives: carrying out a synthesis of the theoretical and the practical problems related to subjective or mental processes of the individual offender in the crime; elucidate concepts and schools that prevailed in certain times on criminal guilt; investigate the importance of the subjective dimension; researching different conceptions - contemporary or still current referring to criminal guilt; identifying dimensions of criminal guilt - as a basic feature of the crime and the crime element of the subjective side, the delineation of rigor and related interpretations.

Scientific novelty and originality could be appreciated by a new approach to the concept of criminal guilt in relation to the legislation of Romania, respectively, trying to achieve a systematic-theoretical research on subjective dimension of the offense as a whole. Creative-innovative aspect is apparent from the wording of proposals on some inspirations of legislations with best formulas or phrases. And this happens when some definitions or phrases are interpreted extensively, multiaspectual, complex or when refusing such formulations and this treatment remains in doctrine. Among the main scientific results pointing to a scientific novelty of the realised study sign: it is necessary to adopt normative theory; psychological concept of guilt demonstrated its limits in the foundation and explanation of mental processes in relation to knowledge or awareness of the illicit nature when committing an offense; guilt is necessary for the existence of such intent or negligence along with the three conditions imposed by normative theory: responsibility, knowledge of criminal nature of offense and chargeability for the behaviour as being compliant to legal norms etc.

Important scientific problem resolved by the content of the developed doctoral thesis is to substantiate a clear concept of criminal guilt, which leads to identify it in the subjective dimension of overall crime, and through these the development of the regulatory system of guilt - as a sign of offense and element of the criminal content, offering the possibility of an effective application of the regulatory framework relating to criminal liability for offenses committed within the limits of admitted guilt.

The theoretical significance and practical value of the work. The research integrates generality and principledness in legal regulation of the investigated matter, providing a combination of legal theory and practice, so that, ultimately, to contribute both to clarify some options, doctrinally questionable, remove erroneous judicial solutions of legal issues, in carrying out the uniform judicial practice and the improvement of normative regulations considered inadequate.

Implementation of scientific results. Concepts and the basic conclusions of the thesis were exposed by the content of several scientific papers constituting at the same time, the subject of papers presented at scientific national and international conferences, and also meetings at the Department of Public Law of the Free International University of Moldova in 2008 -2012.