Autor: Iustina CONDOIU

Publicat în: Revista Pro Lege nr. 4/2020

Disponibil onlineaici

Cuvinte-cheie: infracțiuni împotriva vieții, disctincție între tentativă la omor și tentativă la vătămare corporală, distincție între tentativă la omor și vătămare corporală agravată, zone anatomice vitale, aptitudinea de a omorî, natura instrumentului folosit, zona vizată, intensitatea loviturii.

Point of view regarding the legal classification, retained by decisions pronounced by the Galati Court of Appeal, of the fact of applying one or more blows, with intensity, in a vital anatomical area, using an object capable of provoking the death of a person

Abstract: Determining the subjective position with which the defendant acted in the case of the crime of murder, regardless of its consumed or attempted form, is essential for the correct legal classification of the deed. To this end, in the absence of a legal specification, the doctrine and judicial practice, enshrined under the previous Criminal Code, found as edifying: the vulnerable object – fit or unfit to kill, the anatomical region targeted – vital or non-vital, the intensity and repeatability of blows, the consequences produced or which could have occurred in the absence of prompt medical treatment. The intention to kill therefore results from the way in which the action or inaction that constitutes the material element of the crime was conceived and carried out. As a rule, the subjective position of the defendant results from the materiality of the deed, from its external, objective data, from the circumstances in which it was committed.

Keywords: crimes against life, distinction between attempted murder and bodily injury, distinction between attempted murder and serious bodily injury, vital anatomical areas, ability to kill, nature of used instrument, body region targeted, the intensity of the blow.