Problema reiterãrii actelor de executare specifice infracþiunilor cu rezultat indivizibil. Unitate sau pluralitate de infracţiuni?
The case when actions or inactions are repeated for the purpose of committing a definitive result offence. Unity or plurality of offenses?

Summary/Abstract: The author analyzes some particular cases in which the perpetrator repeats the maneuvers that have been already performed in order to commit an offence with definitive result against the same victim. The purpose of this study is to explain under what conditions we are dealing in such cases with a unity or a plurality of offences. Over time, our judicial practice has encountered some difficulties of qualification of such crimes with definitive result regarding the crime of abortion. However, our criminal law literature focused its studies regarding this issue in what concerns the offence of murder. Although several authors have ruled that it is not possible to apply the rules concerning the continued offence in case of murder of the same victim, the author does not share this opinion. Basically committing an offence can also mean committing an attempt. Not in all cases in which the perpetrator repeats the executing maneuvers that are specific to murder or abortion against the same passive subject we are dealing with a plurality of crimes. The criminal resolution as long as it is unique it allows us even in case of such offences to apply the rules regarding the continued offence. However, it is allowed under the condition that the offender could foresee that he would be forced to repeat the offence. This certainty has to be based on facts and the perpetrator cannot benefit of the doubt.

• Details
• Contents