CONSIDERATIONS REGARDING THE CRIMINAL OFFENCES PROVIDED FOR IN THE ROMANIAN LEGISLATION AS COMMITTED WITH THE FORM OF GUILT OBLIQUE INTENT
CONSIDERATIONS REGARDING THE CRIMINAL OFFENCES PROVIDED FOR IN THE ROMANIAN LEGISLATION AS COMMITTED WITH THE FORM OF GUILT OBLIQUE INTENT

Summary/Abstract: The protection of the fundamental attributes of a person are concerns of the legislators in any system of law. Irrespective of the existing societies and of the transformations that take place over time, life is protected by legal texts, as a primary value, which is essential for building communities, as an indispensable condition for their existence. In this article we intend to state the basic concepts required, on the one hand, for a good understanding of the legal content, and respectively of the constitutive content of the criminal offences that may be committed with the form of guilt oblique (exceeded) intent, and, on the other hand, for the delineation of criminal offences committed with oblique intent from other criminal offences committed with (direct) intent or with basic intent (by fault/negligence). In this respect, we may state as special objectives: the enunciation of the concept of criminal offence as it results from Romanian criminal legislation, the explanation of the concept of guilt within the meaning of criminal law, the statement of the forms of guilt. At the same time, in order to familiarize the reader with the legal texts that are applicable in the context of the topic of the article, we consider it useful to list the offences committed with oblique intent, as provided by the Romanian legislator in the Criminal Code, both the typical ones and those that are only provided in their aggravated forms, with various marginal names and having different legal objects. Whatever the form of regulation, the values revolving around the person and the rule of law, which are protected by the criminal law, by the provisions of the Constitution of Romania are inestimable values and, consequently, any fact provided by the criminal law that harms them and cumulates the essential features of a crime cannot remain unsanctioned by the criminal system.

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