CONCEPTUL RESPONSABILITĂŢII REDUSE ÎN LEGISLAŢIA REPUBLICII MOLDOVA ŞI A ALTOR STATE

Stela BOTNARU, Iulia BURAVCENCO Catedra Drept Penal şi Criminologie

Rezumat

Diminished responsibility concept was introduced after modification of Criminal Code from February 2009. Diminished responsibility is a defense, sometimes offered in criminal cases, that refers to a condition of arrested or retarded development of mind, whether inherent or caused by disease or injury, that substantially impairs a person's mental responsibility for his/her acts or omissions. Diminished responsibility, like insanity, is a legal concept not a medical diagnosis. Some law-andorder social philosophers and moralists have objected to the concept of diminished responsibility because it creates a nuanced grey area of relative wrongdoing. While insanity absolves legal guilt completely, a wrongdoer with diminished responsibility may be absolved of the original charge, but held responsible for a reduced charge. If diminished responsibility is proven, it may negate an element of the crime, such as premeditation, with which a defendant is charged, so that the defendant can be convicted only of a lesser offense. The goal of this article is to analyze the concept of diminished responsibility in legislation of Republic of Moldova, and other country. Also, there ha