64. Conflict negativ de competenţă. Distincţia dintre infracţiunea de lovire sau alte violenţe şi tentativa la infracţiunea de omor
64. Negative conflict of jurisdiction. Distinction between the offence of common assault and attempted murder

Summary/Abstract: According to the provisions of Article 4 paragraph 2 of the Code of Criminal Procedure, after the entire evidence was adduced, any doubt in the formation of the conviction of the judicial bodies is interpreted in favor of the suspect or accused. In the present case, as has been pointed out, there are serious doubts as to the mental condition of the accused at the time of committing the act of assault, as the Court cannot establish with certainty that the accused intended to kill the injured person when he tried to stab injured person, given the evidence so far adduced in the case, given that the accused used the simplified trial procedure, so that no other evidence on the criminal side of the case can be adduced. As such, since what the court can retain with certainty in the charge of the accused is the offense of common assault, an offense governing the criminal investigation carried out and sent to trial, and the court considered itself legally notified and began judging the case, the Court considers that the Galati Court must continue the trial of the case on the offence of common assault, as notified by the Indictment of the Prosecutor's Office attached to the Galati Court.

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