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Criminal irresponsibility


Author: BANU (ŞOMICU) Marcela
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)
Year:2023
Scientific adviser: Alexandru Mariţ
doctor, professor, Institute of History of the ASM
Institution: Free International University of Moldova

Status

The thesis was presented on the 7 April, 2023 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document – 0.93 Mb / in romanian

Thesis

CZU 343.225 B27

Adobe PDF document 1.74 Mb / in romanian
234 pages

Keywords

personality, irresponsibility, liability, reduced responsibility, personality of the offender, individual prevention, general prevention of offenders and crimes

Summary

Structure of the thesis: introduction, 3 chapters, recommendations and general conclusions, bibliography of 384 titles, 3 appendices, 183 pages of basic text. The basic results are published in 11 scientific papers.

Field of study. The doctoral thesis has an interdisciplinary description, belonging to the field of criminal law, criminology and forensic psychology.

Purpose and objectives of the paper. The purpose of the thesis - the legal-criminal analysis of irresponsibility in the light of the regulations, in this matter, adopted in the Republic of Moldova and Romania, as well as under the assumption of a set of knowledge of a psychological, criminological nature, forensic psychiatry, legal medicine, etc.

Research objectives: analysis of scientific materials published in the Republic of Moldova and in other states, regarding liability, irresponsibility and reduced responsibility; clarifying the boundaries of the conceptual delimitation between the legal categories of criminal liability, responsibility and irresponsibility; identification and conceptual clarification of the correlation between criminal irresponsibility and the causes that remove the criminal character of the act (justifying causes); the doctrinal interpretation of the cases that remove criminal liability; theoretically evaluating the concept of reduced responsibility; scientific evaluation of the conditions, criteria and effects of criminal irresponsibility; the research of the Republic of Moldova and international legislation in the matter of the institutional foundation of the legal category of irresponsibility; scientifically identifying and investigating the stages of the medico-legal psychiatric expertise of the adult, as well as the multiple nuances, which aim at the procedural-criminal aspects regarding the judicial expertise; theoretical-practical evaluation of psychiatric assistance in the Republic of Moldova; analysis of duplicitous behavior from a medico-legal perspective; the submission of a set of conclusions and recommendations, in order to adjust the criminal legislation to the premise of streamlining the criminal justice act, in the context of prejudicial acts committed by irresponsible persons and with reduced responsibility.

Scientific novelty and originality. The doctoral thesis outlines by promoting innovative, synthetic and interdisciplinary approaches and overviews of criminal irresponsibility and the notions that interconnect it with the criminal law system. The doctoral thesis enlists amongst the few studies in this scientific aspect, which refers to the complex treatment of aspects related to criminal irresponsibility. It is innovative the appreciation of a new conceptual treatment of criminal irresponsibility in relation to the legislation in force of the Republic of Moldova and Romania, this legal-criminal treatment being configured through complex and multifaceted interpretations of some definitions or expressions incident of this analyzed subject.

Important scientific solved problem consists in the elaboration of a complex and thorough conceptual framework regarding criminal irresponsibility (taking into account the existing normative framework, the judicial practice in the matter, as well as the good legislative practices), a fact that led to the highlighting of some normative deficiencies and some practical difficulties of classifying such crimes and, consequently, to the proposal of legislative suggestions capable of contributing to the improvement of the normative framework, precisely to direct the practitioners of criminal law towards a correct qualification of crimes committed in a state of liability, reduced responsibility and irresponsibility.

Theoretical importance and the applied value of the paper reside in the elaboration and scientific substantiation of the conceptual framework regarding criminal irresponsibility, a fact that contributes to the clarification of the role, place, conditions and effects of this institution as the basis or fundamentals per a contrario of subjective criminal responsibility, oriented towards the application of criminal legislation in strict accordance with the subjective principles that determined, conditioned and promoted the prejudicial committed act.

Theoretical significance of the scientific researches also consisted in the fact that these results can serve as a reference for the establishment and appropriate assessment of criminal irresponsibility in the case of different categories of offenders, viewed in the light of objective-subjective aspects and a complex approach, correlated to an interdisciplinary level, for better individual prevention and resocialization of people in general and with mental deficiencies in particular.

Application value. Scientific research is embedded and integrated into the generality and principle of legal regulations in the investigated matter, achieving a combination of the theory and practice of law, in order to, in the end, bring its contribution both to the clarification of some choices or options, points of view from the doctrine, approachable to the removal of some solutions of incorrect jurisprudence to the settlement of some legal matters, in order to establish some unitary, or univocal and homogeneous judicial practices within the given matter, as well as to the improvement of the normative provisions assessed as being inadequate in terms of liability, criminal irresponsibility and those with reduced responsibility.

Implementation of scientific results. The paper might be a support both in the teaching activity and in the judicial practice of lawyers preoccupied of the offender’s personality. The concepts and conclusions that were the basis of this doctoral thesis were exposed through the content and context of several scientific papers, which were, at the same time, the subject of scientific presentations presented at national and international scientific conferences, as well as at the meetings of the Public Law department of the Free International University of Moldova (ULIM) during 2008-2020.