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Ultima descărcare din IBN: 2023-12-24 12:00 |
SM ISO690:2012 BOTNARU, Stela, BURAVCENCO, Iulia. Conceptul responsabilităţii reduse în legislaţia Republicii Moldova şi a altor state. In: Studia Universitatis Moldaviae (Seria Ştiinţe Sociale), 2009, nr. 8(28), pp. 93-96. ISSN 1814-3199. |
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Studia Universitatis Moldaviae (Seria Ştiinţe Sociale) | |||||
Numărul 8(28) / 2009 / ISSN 1814-3199 /ISSNe 2345-1017 | |||||
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Pag. 93-96 | |||||
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Diminished responsibility concept was introduced after modification of Criminal Code from February 2009. Diminished responsibility is a defense, sometimes offered in criminal cases, that refers to a condition of arrested or retarded development of mind, whether inherent or caused by disease or injury, that substantially impairs a person's mental responsibility for his/her acts or omissions. Diminished responsibility, like insanity, is a legal concept not a medical diagnosis. Some law-and-order social philosophers and moralists have objected to the concept of diminished responsibility because it creates a nuanced grey area of relative wrongdoing. While insanity absolves legal guilt completely, a wrongdoer with diminished res-ponsibility may be absolved of the original charge, but held responsible for a reduced charge. If diminished responsibility is proven, it may negate an element of the crime, such as premeditation, with which a defendant is charged, so that the de-fendant can be convicted only of a lesser offense.
The goal of this article is to analyze the concept of diminished responsibility in legislation of Republic of Moldova, and other country. Also, there have been formed some recommendations in order to improve the application of institute of dimi-nished responsibility. |
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