EXPERIENŢA LEGISLATIVĂ A UNOR STATE DIN BAZINUL MĂRII NEGRE ÎN CONTRACARAREA INFRACŢIUNII DE DELAPIDARE A AVERII STRĂINE

Iancu ZAPOROJAN Catedra Drept Penal şi Criminologie

Rezumat

The general aspects of irresponsibility in penal law are analyzed in the present article. The offence subject may be recognized only the responsible person. The responsibility, alongside reaching the age provided by the penal law, appears as a condition of the penal accountability and a feature of the offence subject. The responsibility is a sine qua non condition, in order for a person to be penally accountable for his/her deed, but the penal law of Republic of Moldova considers the culpability as an essential feature of the offence, the responsibility being a condition for the existence of the offence subject. The irresponsibility is the state of psychophysical incapacity of a person that is not able to realize the social, moral and juridical character, sense and value of the deeds that he/she commits, and the sequels of these deeds. The state of irresponsibility is characterized by the lack of those psychic aptitudes of a person, that allow him/her to understand the character and signification of his/her deeds. The state of irresponsibility is a reason that removes the culpability and, therefore, the penal character of the deed and, as a consequence, the penal accountability of the offender.