14. Distrugere. Latura obiectivă. Obiect material. Păşune. Degradare prin păşunare excesivă. Greşită achitare de către prima instanţă
14. Destruction. Objective side. Material object. Pasture. Degradation as a result of excessive grazing. Wrong release of the court of first instance

Summary/Abstract: The objective side of the crime of destruction is performed through several alternative ways. Thus, the material object of this crime is represented by an asset belonging to a third party and which may be destroyed, damaged or brought into disuse. This case deals with the natural fruit of an immovable property belonging to civil parties and having been damaged, and it could not be used for a certain period of time, thus causing a material damage to the injured party. Damage is a lighter form of crime than destruction, in the sense that the asset is partially brought into disuse, however it may be repaired. Moreover, it is not typically that the consequence resulted from destruction needs a longer period of time in order to bring the asset to its previous condition. Loss exists from the subjective point of view, since the owner of the asset could not use it anymore as he intends and the fact that the asset subject to degradation may be brought again into its initial form without any human intervention or whether the asset may be used even in its damaged condition or it may be repaired, is not relevant in this case.

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