Infracțiunile de violență în familie și de omor. Încadrare juridică. Circumstanța agravantă a profitării de starea de vădită vulnerabilitate a persoanei vătămate
Offences of domestic violence and murder. Judicial classification. Aggravating circumstance of taking advantage of the obvious vulnerability state of the injured person

Summary/Abstract: The act of the offender which with direct intention, applied the victim (his sun) more axe blows, hits that led to the death of the victim, meets the constitutive elements of the offence of domestic violence provided in art. 199 par. (1) reported in art. 188 par. (1) from the new Criminal Code. The new Criminal Code has expressly provided the act committed over the members of the family as a distinct offence, respectively domestic violence. This is an independent offence, reported to the typicality of the basic offences which makes reference to art. 199 par. (1) from the new Criminal Code. It cannot be retained the aggravating circumstance provided in art. 77 letter e) from the new Criminal Code that refers to taking advantage of the obvious vulnerability state of the injured person, although the victim was in an obvious vulnerability state due to other causes (being asleep, having at the moment of death an alcohol percentage of 1,20‰), with all these the offender has not taken advantage of this state, as long as in the room with the victim there were the brother and his sister, and the defendant initially entered to put off the TV and then has came back with the axe, but not before shouting “where are you, I am going to kill you”.

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