Confluence of risk – the effects of the victim’s simultaneous behaviour on the criminal responsibility of the offender

Abstract

The present study has set its aim to present the cases in which the victim’s simultaneous behaviour has a contribution to the result, as both victim and offender were somehow interacting at the origin of the initial risk. The main concern of the analysis is the Romanian courts’ view on this matter. In the first part of the article,  the omissions and shortcomings found in judgments, that can lead to unlawful convictions, are uncovered. Moving on, the author concludes by stating that the solution is to be found in causation, relying on the objective ascription theory, which could and should be applied in courts. Using the tools offered by this modern theory, namely the permissible risk, the lawful alternative behaviour and the so-called unprotected risk, judgments should take into account the victim’s contribution and apply a cause of criminal impunity for the offender. The last part of the study also offers a series of reform proposals concerning the romanian legal regulations.