Romanian Penal Law Reform. Studies

The issue of imputation in penal law generated, throughout the history, many controversies. The principal aim of the study is to clarify this concept, both in relation with the Romanian and foreign doctrine, and with the new provisions of the new Penal code, enforced by the Law nr. 286/2009. The new Penal code introduces, a new definition of the offence, containing the concept of ¿imputability¿. Our study is based both on the opinions of some foreign authors regarding the concept of imputability, imputation and Romanian authors. According to the Initiator (Ministry of Justice) the main justification for introducing this concept into the offence definition was that ¿a deed, in order to bring upon criminal responsibility, must not only to correspond with the legal description, to be unjustified, but also, the deed, must be able to be imputable to the offender; that means, the deed could be reproached to the offender. In order to discuss this concept of imputation, there are necessary some premises: the offender must have had the representation of his/her actions or inactions and the lack of any duress (the offender should not have been irresponsible, intoxicated or an under aged).