romanian english

Anda CRIȘU-CIOCÎNTĂ: The subjective aspect – an essential element that makes the difference between the offences against life and the offences againts body integrity or health

Abstract: There are extremely frequent cases in the judicial practice that have as a subject offences against life and offences against the body integrity or health. The real issue that arises and is imposed to be solved in such cases is very often the issue of the difference between the murder offence and the offence of hitting or lethal bodily prejudice and respectively the difference between the offence of murder attempt and the offence of hitting or other violence or the bodily prejudice. The essential element that makes the difference between an offence against life and an offence against the body integrity or health is the subjective aspect, namely the perpetrator’s psychical position since the moment he/she committed the crime. The perpetrator’s psychical position must be established in accordance with a series of objective criteria extracted from the modalities by which the perpetrator exteriorised his/her behaviour and from the concrete circumstances in which the crime was committed. The accurate legal classification of the committed crime is the attribute of the judicial bodies that must motivate and prove the adopted solution objectively.

Keywords: the subjective aspect, the intention to kill, the intention to hurt, objective criteria in order to determine the intention, juridical classification.

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