Some particularities of the legal classification of crimes committed with intent Cover Image

Unele particularități de încadrare juridică a infracțiunilor săvârşite cu intenție
Some particularities of the legal classification of crimes committed with intent

Author(s): Radion Cojocaru
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: criminal offence; legal framing; intention; intellectual factor; volitional factor; direct intention; indirect intention;

Summary/Abstract: The subjective side, which forms the moral element of criminal conduct, includes the most subtle signs to be established by the interpreter of the law in the process of legal classification of crimes. Arising from the nature of the requirements established by the principle of criminal legality, these signs are to be ascertained accurately during the legal classification, especially when such classification has official connotations. In this study, the problem of intentional crimes is subject to attention by addressing the criteria based on which these crimes can be identified in the process of legal framing. Starting from the content of the intellectual and the volitional factor, the author highlights, on the one hand, the legal technical procedures by which the intended crimes are described in the criminal law, and on the other hand, the procedures for interpreting the incriminating criminal norms on the basis of which crimes committed with direct intent can be delimited from those committed with indirect intent.

  • Issue Year: 1/2023
  • Issue No: 2
  • Page Range: 24-32
  • Page Count: 9
  • Language: Romanian