MOTIVUL ŞI SCOPUL ÎN CAZUL INFRACŢIUNII PREVĂZUTE LA ART. 146 DIN CODUL PENAL

Abstract

Since the heat of passion is indispensable in the case of the crime provided in art. 146 of the Criminal Code, the motives for this crime are in all cases marked by such a state. There cannot be a list of conscious motives, a list of unconscious motives and a list of partially conscious motives. Basically, any of the motives can be part of any of these three lists. It depends not on the characteristics of the motive of the crime, but on the mental state of the perpetrator, more precisely on the full or partial functioning or non-functioning of his conscience. Regardless of the motives that guide the perpetrator, if the heat of passion is present, it becomes mandatory to apply art. 146 of the Criminal Code. Based on a partially conscious motive, the crime, provided in art. 146 of the Criminal Code, is, of course, committed with a partially conscious purpose. The crime, provided in art. 146 of the Criminal Code, presupposes the presence of the purpose in all cases. The purpose of this crime differs from the purpose of the crime, provided in art. 145 of the Criminal Code, in that it is partially conscious and influenced by the heat of passion.