NATURA JURIDICĂ A CONSIMŢĂMÂNTULUI VICTIMEI ÎN DREPTUL PENAL

Raluca Gabriela IONUŞ Catedra Drept Penal şi Criminologie

Rezumat

According to the law doctrine, the victim’s consent in criminal law is treated differently, some authors assign relevant legal content to the subject, thus recognizing it as an institution, while others deny all legal and criminal implications of the victim’s will in the criminal mechanism. Scientific controversy, however, is not reduced to the recognition of the institution. Actual disputes regard the true nature of the person’s will in causing damage to their interests. Thus, there is a fluctuation of opinions concerning this issue, opinions that vary depending on periods, schools and laws on which researchers fundament their options. Regardless to the status given to the subject: a probative cause, a circumstance that removes the criminal nature of the crime or even a source of non-engaging criminal responsibility, the institution concerned is a barometer used to resolve the issue of criminal responsibility of those who have caused physical, psychological, patrimonial damage to the rights and freedoms of the person who has consented to these actions.