Curtea de Apel Târgu Mureş, Secţia penală. Decizia nr. 470 din 3 noiembrie 2010 (Studiu de Caz)
Târgu Mureș Court of Appeal, Criminal Section. Decision no. 470 of 3 November 2010 (Case Study)

Summary/Abstract: In determining the actual degree of social danger the following aspects should be taken into consideration: means of committing the crime, the purpose, the circumstances in which the offense was committed, the result produced or would have occurred, and the person and conduct of the perpetrator. The existence of concrete social danger emerges from the immediate consequence produced and the attitude of defendant immediately after committing the crime. The three instances mentioned give two impressions, in my opinion, hard to accept . The first impression is that it was simply passed over in silence the consequence of the defendant on the victim's bodily integrity, which by its magnitude would therefore have received a greater importance in establishing the nature of the illegal act and therefore in the individualization of legal liability. The second impression is that it was left unpunished or, in any case, an imprudent action was insufficently punished which caused the fracture of both bones of the left leg of the victim .

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