Particularităţi ale laturii subiective în cazul infracţiunilor contra înfăptuirii justiţiei
Particularities of the subjective side in the case of offences against application of justice

Summary/Abstract: The group of the offenses against justice from the New Criminal Code presents particular aspects, concerning among others, the content of „mens rea”. In many of these offenses we can identify specific mental processes such as purpose, motive and other. When the content of a certain offense includes a mental process of purpose or motive, the crime can be committed only with mens rea. In several cases, purpose may be confused with the motive; the reason of this situation consists in inappropriate language used by the legislator. Is the task of the scientific research to clear up this dilemma. Also, in some cases, the content of mental processes can be alternative and if the defendant commits the crime having in mind two or more of these processes, the punishment can be increased. Other mental processes consist in knowing or finding out specific circumstances. In these cases, the intention of acting can be direct or indirect. If judicial trial cannot prove that defendant knew those circumstances, the crime doesn’t exist.

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