PREMEDITATION IN CRIMINAL LAW. CONDITIONS AND PRACTICAL VALENCES OF ASSESSMENT
PREMEDITATION IN CRIMINAL LAW. CONDITIONS AND PRACTICAL VALENCES OF ASSESSMENT

Summary/Abstract: This study analyses the basic conditions of premeditation in criminal law, as it has been received in the doctrine and, mainly, in the recent jurisprudence of national courts, especially of appeal courts, developed around the crime of aggravated murder committed under the conditions of this aggravating circumstance. The illustration of concrete situations in which premeditation was retained in the crime, as it results from final court decisions, is of particular importance, because unlike other legal systems such as the French one, there is no legal definition of premeditation in domestic criminal law, so this task has fallen to the doctrine. In turn, the specialized doctrine, since the time of the old Criminal Code of 1969, has outlined the rigors of premeditation, with reference to concrete situations arising in the jurisprudence of the courts, from which it was inspired, coming mainly from the casuistry regarding murder. As such, it was first up to the courts to establish the concrete situations that constitute premeditation, a psychological circumstance that has a considerable aggravating role in establishing the concrete criminal sanction, and this assessment is always made in a concrete manner, mainly by referring to all the real circumstances of the case (ex re), as situations in which criminals recognize the anticipated preparation of the acts are rare. In this note, jurisprudentially, for the existence of premeditation it was held that the cumulative fulfillment of the following conditions is necessary: the taking of the criminal resolution must precede the aggressive action by a certain interval of time; the criminal's deliberation must be sufficient; the decision taken previously must materialize in certain preparatory activities (material or intellectual), which must be of a nature to facilitate the commission of the crime.

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