Conf. univ. dr.

Gheorghe Alecu
Drd. Nela Manole


The following study analyzes the conception of the scientific
domain of the causes which remove the criminal
characteristic of the deed, of the non-imputability causes and
the justificative causes as reflected in the New criminal code
of Romania while detailing aspects and scientifical polemic
regarding the concept, characterisation and effects of these
causes in connection with the existence or non-existence of a
crime.

The conclusions focus on the fact that, because the causes
which remove the criminal characteristic of the deed have
as a main effect the inexistence of the crime, these should
not be confused the causes which remove criminal
responsability or the consequences of the sentence
(articles 119-135 of the Criminal code), nor the non-
punishment causes (impunity causes or those that protect
from the punishment) or the institution of substituting
criminal responsibility (articles 90-91 of the Criminal
code).