Lovituri cauzatoare de moarte. Omor. Deosebiri. Recunoaşterea săvârşirii faptei. Aplicarea art. 320¹C. pr. pen. în apel. Majorarea câtimii despăgubirilor. Tardivitate

Abstract

Violence resulting in death. Murder. Differences. Confession of committing the offense. Applying Art. 320¹ of the Code of Criminal Procedure during the appeal. Increasing the amount of compensation. Tardivity

From the intendment of Articles183 and 174 of the Criminal Code ensues that, unlike the offense of violence resulting in death, the murder offense is subject to the intent to kill inferred, among others, from hitting means capable to produce this result, the body region injured and the intensity of injuries. Hitting repeatedly with his fists and feet whilst administrating with great intensity most of the blows towards the abdominal cavity, the defendant has unambiguously pictured the lethal outcome which, although not desired, was accepted; thus, he acted with the specific and indirect intent to kill.

To apply...