EXAMINAREA UNOR CIRCUMSTANŢE AGRAVANTE ALE OMORULUI INTENŢIONAT: REFLECŢII ŞI SOLUŢII

Sergiu BRÎNZA Catedra Drept Penal şi Criminologie

Rezumat

In this article, there are analyzed the aggravating circumstances of the voluntary manslaughter, prevented at lett.a) b), d) par.(2) art.145 PC RM. Also, are examined the most disputed issues concerning the theory and feasibility of penal responsibility application for the manslaughter committed in presence of the respective aggravations. Especially, are submitted toward analysis the conjectures throughout is feasible the aggravating circumstance, prevented at lett.a) par.(2) art.145 PC RM. As well, we put under research the problem of the responsibility application for the following: the manslaughter, of the man provided with the right on sustentation, by the man with absolute liability sustentation, who looks for absolution; the manslaughter committed regarding the insured sum; the manslaughter committed to avoid the advance payment; the manslaughter committed in some cannibal purposes, only if the offender comes with intention to enjoy the fullness of the victim etc. In the same time, are taken into observation: the special quality of the victim whose intention is nothing but to fulfill his/ her absolute work or public liability; the commitment of the offence correlated to the victims work or public liability; the delimitation of the manslaughter, committed in the presence of the circumstance prevented at lett.d) par.(2) art.145 PC RM, off the interfacing offences.