REGLEMENTAREA RISCULUI ÎNTEMEIAT ÎN LEGISLAŢIA PENALĂ A ALTOR STATE

Victor MORARU, Anatolie FAIGHER Catedra Drept Penal şi Criminologie

Rezumat

The overwhelming majority of states describe in their criminal codes general cases of legal justification of the crime. Although the legal justification of the offense is very different, varying from state to state and from era to era, the mechanism through which crime is to be prevented to take place regards the nonexistence of guilt. Therefore, seeking to determine the relation between national criminal law and the one of other states, in this article we tried to achieve an interpretation of founded risk, institutionalized under the regulations of the Russian Federation, Ukraine, Poland, Bulgaria, Switzerland, Uzbekistan, Belorussia, Azerbaijan, Georgia, Tajikistan, Kyrgyzstan, etc.. Only using the horizontal comparison method, we consider that we can improve the quality of the legal framework of the founded.