The Mental Processes of the Criminal Liability before or during the Commission of an Offense

Given the importance of the institution of guilt in Romanian criminal law, the author considered useful to do, in a concise manner, a detailed scanning of this issue. Based on the analysis, we conclude that, while the determining feature of the will does not preclude its relative freedom, the individual is not forced, fatally, to commit a particular crime, but may choose, from several behavioral objectives, the one that best matches his moral principles.