Intenţie indirectă. Condiţii. Pedepse

Indirect intent. Conditions. Penalties

Abstract

1. To be in the situation of an indirect intent, it is imperative that the consequence provided for by the offender be only potential. If this consequence is unavoidable or has a high degree of likelihood, there is no more talk of indirect intent, but of a direct intent.

2. The provisions of Article 96 para. (5) shall not be interpreted independently, however, they must be correlated with the provisions of Article 96 para. (4) of the Code of Criminal Procedure, and the application of the first provisions shall depend on the existence of the prerequisite governed by the provisions of the latter article.

Hence, in the event that, during the supervision period, the condemned person committed another offense, discovered by the expiry of the time-limit, however, for which the penalty of imprisonment was not applied, but, instead, it was applied the penalty of criminal fine, the penalties applied for the first...