Punct de vedere cu privire la încadrarea juridică, reținută prin hotărâri pronunțate de Curtea de Apel Galați, a faptei de a aplica una sau mai multe lovituri, cu intensitate, într-o zonă anatomică vitală
Point of view regarding the legal classification, retained by decisions pronounced by the Galati Court of Appeal, of the fact of applying one or more blows, with intensity, in a vital anatomical area

Summary/Abstract: Determining the subjective position with which the defendant acted in the case of the crime of murder, regardless of its consumed or attempted form, is essential for the correct legal classification of the deed. To this end, in the absence of a legal specification, the doctrine and judicial practice, enshrined under the previous Criminal Code, found as edifying: the vulnerable object - fit or unfit to kill, the anatomical region targeted - vital or non-vital, the intensity and repeatability of blows, the consequences produced or which could have occurred in the absence of prompt medical treatment. The intention to kill therefore results from the way in which the action or inaction that constitutes the material element of the crime was conceived and carried out. As a rule, the subjective position of the defendant results from the materiality of the deed, from its external, objective data, from the circumstances in which it was committed.

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