Justifying Causes in Criminal Law – Doctrinal Analysis of the Conditions for Applicability and the Exonerating Effects on Criminal Liability

Abstract

The present study examines the legal regime of justifying causes in criminal law, with an emphasis on both their theoretical and normative foundations, as well as their application in case law. It analyses the classical justifying causes – such as self-defence, necessity, and the victim’s consent – as forms of excluding the unlawfulness of the act, thereby resulting in the removal of criminal liability. Their objective nature is highlighted, which entails the extension of legal effects to all participants in the commission of the act, regardless of their procedural role, provided they were aware of the justifying circumstances.

Furthermore, the study addresses the necessary distinction between justifying causes and grounds of non-imputability, with special reference to error regarding the existence of a justifying cause. This distinction has direct implications for the legal classification of the act and the possibility of engaging criminal liability. The analysis is complemented by considerations regarding possible tortious civil liability in situations where the act is not criminally punishable but has caused damage.

The final part of the paper is devoted to atypical or controversial situations in which legal doctrine and judicial practice have reconsidered the boundaries of justification. Cases are examined such as the conflict between two equally binding legal duties, the invocation of freedom of expression in the context of otherwise typical offences, or disproportionate reactions caused by psychological provocation or prolonged abuse. Such scenarios illustrate the need for a nuanced interpretation of the institution, allowing for adaptation to the complexity of real-life situations, with full respect for the principle of legality.

Through this approach, the study underscores the importance of a prudent and balanced application of justifying causes, one that takes into account not only the legal norms but also constitutional values and the concrete circumstances of each case.