Infracţiunea de tentativă de omor sau infracţiunea de loviri sau alte violenţe; condiţiile scuzei provocării; condiţiile procedurii simplificate a recunoaşterii învinuirii sau vinovăţiei

The offence of attempted murder or common assault; the conditions for the challenge-based excuse; the conditions of the simplified procedure for admitting blame or guilt

Abstract

The act of the accused applying to the injured person a blow with the metal part of a spade, from top to bottom, the blow being oriented towards the head, but which the injured person defended with the right forearm, thus suffering an open fracture type III A right cubitus, in injury that required medical care for healing for a period of 80-85 days, meets the constitutive elements of the attempted murder provided by Article 32 paragraph 1 of the New Criminal Code reported to Article 188 paragraph 1 of the Criminal Code, and not of common assault provided by Article 193 paragraph 1 and 2 of the New Criminal Code.

The fact that an...