CONSIMŢĂMÂNTUL VICTIMEI ÎN DREPTUL PENAL

Mihaela VIDAICU Catedra Drept Penal şi Criminologie

Rezumat

The consent of the victim in criminal law is a very discussed subject around the world. The influence of such circumstance can change the legal assessment of the crime and the proportions of the punishment. In fact, the analysis of this legal institution is done according to many aspects and with taking into consideration the peculiarities of national legislations. There are different provisions regarding the consent of the victim in the criminal codes of different countries. Some of them provide the consent of the victim in the general part of the Criminal Code, as a cause that excludes the criminal character of the offence. Others provide the consent of the victim in a special part of the Criminal Code and just for some specific offences. There are some countries, like Republic of Moldova, that do not have any legal stipulations regarding this problem, but for some offences provided in their Criminal Codes, the consent of the victim is considered to be an important sign. That is why it is necessary to study and to research this subject for deriving adequate and correct conclusions, important for the elaboration of suitable rules and conditions regarding the consent of the victim in criminal law.