SEMNELE SECUNDARE ALE LATURII SUBIECTIVE ÎN CAZUL AMENINŢĂRII CU OMOR ORI CU VĂTĂMAREA GRAVĂ A INTEGRITĂŢII CORPORALE SAU A SĂNĂTĂŢII: ASPECTE TEORETICE ŞI PRACTICE

Abstract

The motives of the offense, provided in art. 155 of the Criminal Code, can be among the most varied. As for the hooligan motives, they cannot be the basis of the offense provided in art. 155 of the Criminal Code. The material interest may constitute the motive of the offense provided in art. 155 of the Criminal Code, if, in exchange for a material remuneration, the perpetrator executes the order of threatening murder or severe bodily injury or damage to health. The purpose of intimidating the victim is the primary purpose of the offense provided in art. 155 of the Criminal Code. The ultimate purpose of this offense is to suppress or diminish the victim’s ability to make decisions and express opinions. These two purposes have a binding character in the case of the offense provided in art. 155 of the Criminal Code, as they are among the necessary and sufficient conditions for an action to be considered a threat.