Premeditation to the Criminal Intention

Author:Alexandru Marit, Georgian Dan
Position:USEM, Republic of Moldova - IPJ Galati, Romania
Pages:216-223
 
FREE EXCERPT
European Integration -
Realities
216
Premed
1
USEM, R
2
IPJ G
Abstract:
In the present study
consciousness and
mental state
arguments the fact that guilt,
as
namely after typical elements
or
that these states of mind
phase, but they are considered
an
Keywords:
intention; preparatio
Sometimes intention reveals
quan
higher or lower intensity of the
differentiations regarding the
cla
the immediate deceit
unlike the
while in the second case, the perp
Although in most of the situatio
eventual intention, there are also
is added also a certain psychical s
intention.
Thus, along the intentio
author is at the moment of the de
premeditated intention (
Streteanu
Thus, it is debatable the fact
if th
quantitative differentiations of th
not being under the perpetrator’
contrast, th
e premeditated intentio
lett. a. of
the Criminal code (firs
the current Romanian Criminal c
consists of the plan
(planning), fo
individual or to the one who w
circumstances or conditions (
Ba
appropriate and fully correct.
es and Perspectives
editation to the Criminal Intention
Alexandru Marit
1
,
Georgian Dan
2
, Republic of Moldova, george_dge@yahoo.com
J Galati, Romania, george_dge@yahoo.com
dy
the author is concerned, in the case of the perpetrator
,
ates
that precede and accompany the external a ctions,
just
as
actual mental process must be seen as subsequent or
after
or features
have been identified. Consequently, the author
em
of
consciousness occurs first, or from the beginnin g, in an
int
and
judged in the end, because they are derived from factual
t
tion; premeditation; deceit; perpetrator
uantitative
differentiations regarding the
degree of g
the
intention;
in this regard it is noted the fact
clarity and the certainty of the representation.
Suc
e
premeditated one, in the first case
the decision t
erpetrator
deliberates and prepares the commitment
tions the intention appears in its basic form, nam
so hypothe
sis in which, along the specific elements
al state of the author which determines an additiona
ntion in its basic form, we can have,
according to t
decision making,
and
the spontaneous decision (un
nu, 1999, p. 375)
.
the mental states as well
of the pe
rpetrator could b
f the intention.
The dominant opinion is that this, m
or’s control,
could not be imputed to him (Dongoro
ntion (
the premeditated deceit)
or the premeditation,
irst degree murder) as an aggravating circumstance
al code. However, the French C
riminal code on ar
, formed
before the action,
of attempting to the per
will be found or encountered, even if the plan w
Basarab,
1988, p. 181
), opinion which we cons
2011
, on
the states of
ustifying
with good
ter the
criminal act,
emphasized the fact
internal
deliberative
thinking
.
of guilt,
underlining the
ct that there would be
Such differences reveal
n to a
ct being prompt,
ent of the crime.
amely of the direct or
nts of the two forms, it
nal qualification of the
o the state in which the
(unpremeditated)
or the
d be likely to determine
s, most of the times or,
oroz, 1969
, p. 115). In
on, provided in art. 175
nce, it is not defined in
art. 297 shows that it
person of a determined
n will depend of some
nsider to be the most

To continue reading

REQUEST YOUR TRIAL