Approaches of basic intent in the Romanian Criminal Code 111
Unlike clumsiness, incompetency implies the lack of knowledge required to
perform an activity or its insufficiency. Dexterity does not necessarily mean that
the one who causes a dangerous result of the awkwardness, does not have the
knowledge necessary to carry out the respective activity; are some activities that, in
addition to theoretical training, require some practical skill, which can only be
acquired with experience.
The High Court of Cassation in Italy considered that it caused the death of a
person, among other things, the mischief of the minor child who hauled a
dangerous and dangerous horse with which a man had trampled5.
Imprudence (or foolishness as it is called) is a foolish behavior, the unreasonable
way in which an activity has been performed.
Thus, the French Supreme Court in 1929 sentenced to murder the owner who,
without resorting to the help of an architect or builder, built a house that did not
respect the building permit and in a region struck by ocean winds and the roof
thrown by sting has killed a passerby6.
He was also condemned for murder by imprudence by the Court of Appeal of
Paris, the owner of a building that, knowing the bad condition of the chimney
doors and the cracks, has committing serious imprudence to let it be installed
without precaution, a stove with slow burning, in a ground of the ground floor,
which caused the intoxication suffered by the roommate owner in a higher floor7.
Inattention (or disturbing) is the lack of attention that the agent should have in
relation to the circumstances in which he performed the activity.
The court in Sena considered that he was guilty of the crime of imprudence,
the pharmacist to whom a trainee student prepared, under the supervision of the
pharmacy preparer and with the consent of the pharmacist, any medicine, was
seriously burned by the explosion of the container containing the products they
served in the preparation of the medicinal product even if it emerged from the
circumstances of the case that accidentally it could have the cause of not observing
the usual precautions to be taken for the preparation of such a medicine and since
there was no doubt that the pharmacist and the trader lack of supervision, an
inattention that engages their criminal responsibility8.
Negligence is the execution of an activity without care imposed by the sense of
the provision, or by the natural duties.
The barrier guard, who neglected to open the barrier to a level crossing, is
guilty of murder by imprudence when a fatal accident occurred9.
5 Cas. Pen. Ital, 15 october 1924, General jurisprudence, 925. Nr. 932 p. 488, apud. M.I. Papadopolu,
Annotated penal code, op.cit., p. 213.
6 Cas. Crim. Fr. 2 mai 1929, în Recueil Hebdomadaire de jurisprudence, Dalloz,1929, p. 318, apud.
M.I. Papadopolu, Annotated penal code, op.cit., p. 205.
8 Trib. Sena, 28 aprilie 1927, în Gazette du Palais 1927, 2 sem, p. 312, apud. M.I. Papadopolu,
Annotated penal code, op.cit., p. 211.
9 Trib. Bourg., 27 iulie 1927, La loi, 9 november 1927, apud. M.I. Papadopolu, Annotated penal code,
op.cit., p. 209.