SEMNELE SECUNDARE ALE LATURII SUBIECTIVE: ASPECTE TEORETICO-PRACTICE ŞI LEGISLATIVE
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Date
2021
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
CEP USM
Abstract
In the present study are analyzed the secondary signs of the subjective side of offence: the reason and purpose. It is shown that reason and purpose are organically linked, in most cases the reason being the foundation of the formed purpose. However, the reason and purpose of the crime are independent, which is why they should not overlap. Despite the distinct nature of the two signs, the study of judicial practice demonstrates the presence of frequent cases in which the reason and purpose of the crime are confused. The secondary signs of the subjective side should not be confused with criminal guilt either. In some court cases were noticed terminological inaccuracies to establish the intention, the person empowered with the application of the criminal law, unfoundedly overlapping the intention with the criminal purpose.
Description
Keywords
latura subiectivă, vinovăția
Citation
COPEŢCHI, Stanislav. Semnele secundare ale laturii subiective: aspecte teoretico-practice şi legislative. In: Infracţiunea – Răspunderea penală – Pedeapsa. Drept şi Criminologie: conf. şt. naţ., 25-26 martie 2021, Chişinău. Chișinău, Republica Moldova: CEP USM, 2021, pp. 76-85. ISBN 978-9975-158-12-1.