REDUCED RESPONSIBILITY AND EMOTIONAL STATE OF THE SUBJECT OF THE CRIMES PROVIDED FOR IN art.146, 147 AND 156 OF THE CRIMINAL CODE

Rodica BERDILO Universitatea de Stat din Moldova

Abstract

This article establishes the content of the medical criterion and of the juridical criterion of limited responsibility (art.231 CC RM). On the one hand, the article determines the similarities and differences between the notion of “limited responsibility”, and the notions of “responsibility” (art.22 CC RM) and “irresponsibility” (art.23 CC RM), on the other hand. The conclusion is that limited responsibility is neither a type of responsibility under art.22 CC RM, nor of irresponsibility under art.23 CC RM. Limited responsibility, along with responsibility and irresponsibility, are special types of measurement of a person's capacity to realise their action or inaction or to direct it. It is argued that the expert, based on exclusively medical indicators, in absence of juridical indicators, establishes the limits of application of art.231 CC RM, and delimits the reduced responsibility from irresponsibility. It is demonstrated why it is imperative to provide, in a reference norm for art.231 CC RM, a limiting list of mental disorders attesting the reduced state of responsibility. It is shown that both the state of heat of passion (art.146 and 156 CC RM) and the state of physical or mental disorder with a disturbed consciousness caused by delivery (art.147 CC RM) are special cases of reduced responsibility. According to the law in force, the conditions laid down in art.146, 147 and 156 CC RM, do not fall under the incidence of art.231 CC RM. It is argued why the court shall not take into account the mitigating circumstance provided in letter d) para. (1) art.76 CC RM when establishing the punishment for the offenses provided in art.146, 147 or 156 CC RM.

Keywords: reduced responsibility, responsibility, irresponsibility, the state of heat of passion, the state of physical or mental disorder with a disturbed consciousness caused by delivery, mitigating circumstance.