CONŢINUTUL VINOVĂŢIEI ÎN CAZUL AMENINŢĂRII CU OMOR ORI CU VĂTĂMAREA GRAVĂ A INTEGRITĂŢII CORPORALE SAU A SĂNĂTĂŢII: ASPECTE TEORETICE ŞI PRACTICE

Abstract

Intent is the only possible form of guilt in the case of the threat, in general, and the threatening murder or severe bodily injury or damage to health, in particular. Indirect intent is not possible in the case of the offense provided in art. 155 of the Criminal Code. This offense does not include prejudicial consequences, the occurrence of which is consciously admitted by the perpetrator. In the case of the offense provided in art. 155 of the Criminal Code, the intellectual factor of intent presupposes that the perpetrator realizes the harmful nature of the action of threatening murder or severe bodily injury or damage to health provided that the danger of accomplishing such a threat exists, and provides for such action. Regarding the volitional factor of intent, it assumes that the perpetrator wishes to commit the act of murder or severe bodily injury or damage to health provided that the danger of accomplishing such a threat exists. The combination of the intellectual and the volitional factor, thus described, confers the substance of the intent to commit the offense provided in art. 155 of the Criminal Code, as well as establishes the direction of this intention.