MOMENTUL DE CONSUMARE A INFRACȚIUNILOR CU MODALITĂȚI NORMATIVE ALTERNATIVE

Abstract

Common to offenses with alternative normative modalities of the prejudicial act is that they can be committed in any of the normative modalities of the prejudicial act. Any of the normative modalities of the prejudicial act expresses the typicality of the corresponding offense. Regardless of the number of normative modalities that the committed act records, the offense will be a single one. The prolonged offense cannot be considered consumed from the moment of committing the first criminal act that constitutes the prejudicial act. To state the contrary means to confuse (in terms of the moment of consumption) the prolonged offense with the offense with alternative normative modalities of the prejudicial act. Participation is possible at any stage of committing the offense with alternative normative modalities of the prejudicial act, but until its consumption. It is important that the intention of the intervention of a new co-author, who is to carry out another normative modality of the prejudicial act, to be formed either until the realization by another co-author, of the previous normative modality of the prejudicial act, or in the process of realization by a another co-author of the previous normative modality of the prejudicial act.