Some Controversial Aspects Regarding Consent in Criminal Law
Keywords:
consent of the injured party; justifying cause; criminal law; autonomy of willAbstract
The consent of the injured party represents one of the fundamental institutions of criminal law, regulated as a justifying cause capable of removing the unjustified nature of an act provided by criminal law when it concerns social values over which the holder can legally dispose. By analyzing the legal regulation, doctrinal opinions, and relevant case law, the study highlights the interpretation difficulties generated by determining the validity of consent, defining the available social values, and assessing the effects that the victim's expression of will produces on criminal liability. A coherent and balanced interpretation of the consent institution contributes both to the effective protection of social values safeguarded by criminal law and to ensuring a fair application of criminal law rules.
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Copyright (c) 2026 Ionuț-Andrei Barbu, Bianca-Alexandra Moise (Author)
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