Está en la página 1de 6

Case 1.

The acts of Manoli and Covali will be classified as severe intentional injury of body
integrity or health art 154(4). If there will be evidences which will confirm that the aim was
to kill Niculita, then offence will be classified as intentional murder art 145 (2) lita,f,I,j, Perju
and Gincean will be complice to the actions exercised by Manolachi and Covali, and based
on the intention of organizations and authors, will be qualified as 151 (4) or 145(2) i)
B)in this Case is a factual error, because the offenders do not know about that.
Case 2.The actions committed by Roport will be classified as intentional murder art 145 (2)
e,l,j. and the actions of applied other the sun will be classified as attempt to murder art 27 art
145 (2) k)
Case 3.Bondari being the author of ordered murder classified as art 26 preparation of offence
art 145 (2) lit p). Vataman being complice at preparation because3 he helped Cuciurca to find
person who can execute the order- 26, 145 (2) litp). Cuciurca -26 145(2) lit p and lit d)( due
to accomplished by the victim service and civil service)
Case 4. a)actions committed by Spataru are framed in art 145 (2) lit e,l,j-intentional murder
over a family member with a great cruelty, because there were applied 23 hits which is a
decesive factor for lit j). also he is guilt due to art 152 (1)- intentional medium injury of
corporal integrity and health
b)is not possible, because in Case of committing of offence provided in art 145, any natural
person who is between 14-16 is subjected to criminal liability
Case 5.Petreanu is guilt according to art 145 (2) lit p)- intentional ordered murder and art 27,
145 (2) lit e) attempt to murder committed with comprehend over a pregnant woman. In
qualification due to art 145 (2) lit e) do not have importance if the subject considered
erroneously that victim is pregnant, because his intention was to murder respectively the
pregnant woman, of whose quality he was confident.
Case 6.Actions of Pruteanu should be qualified as 155 Criminal Code, because the
circumstances of commiting the act correspond to conditions necessary for objective side ,
especially the existence of danger to execute the threatening . Thus was infringed the mental
freedom of victim, who have reasonable motives to believe that is a high probability of
executing the threatening. Plus the victim was threatened with murder, which is a reason of
qualifying the act under 155
Actions of Filipenco will be classified due to art 159 lit c) + art 333
Actions of Banari will be classified as 334 Criminal Code- giving bribe
Case 7.Actions of Unicu
1.In regards to doctor Musteata- art 155 because the circumstances of commiting the act
correspond to conditions necessary for objective side , especially the existence of danger
to execute the threatening . Thus was infringed the mental freedom of victim, who have
reasonable motives to believe that is a high probability of executing the threatening.

1
Uncu remove the knife and doctor Musteata has all motives to believe of threatening
which can be executed by offender.
2. In regards to Rata-art 152 (2) lit d) because loosing of one eye can be classified as
severe intentional injury of body integrity or health only if thorough it will let to a certain
loosing of at least 1/3 from work capacity. The glass eye could not influence on the
loosing of work capacity. Lit d) because the victim involve the following conditions:
work in a institution , is part of a individual labor contract , and injury of health was
committed about the service function of victim-refuses to release the medical certificate
Case 8.At analyzing the actions of Gurau is important to appreciate the intensity of hits
applied by Gurau, because on it depends the legal qualification: thus, it depends on intensity,
his actions will be qualified according to art 151 (2) lit e, or according art 152 alin (2) lit e
Actions of Galben will be classified on art 151 (4)- actions in regards to Hulea and art 145-
regards to Marcu
Case 9.Actions of Priscari will be qualified art 152 (2) lit c1 and lit f) or art 152 (2) lit c1 and
lit f-in dependence of consequences that occurred at the qualification with medium
intentional injury or serious of body integrity, committed with comprehend over pregnant
women and with great cruelty or sadist reasons (hit with fists etil she faint
Case 10.Taking in consideration that numbers of hits are 27 it will be classified as serious
intentional injury of health
Case 11.Actions of Mira will be classifief as 163 alin (2) lit b;
Case 12.The actions of Roibu will be qualified as 145, alin 2 lit g- he murdered Sirbu and
after that to hide this fact killed the driver of an occasional car, who understood what
happened after he saw the clothes dirty of blood. This act will be qualified as 145 alin 2 lit k
After Roibu commites murder of 2 persons , Roibu decided to hit with a knife in back of
Chiperi, but he fail to donot succed and that will be qualified as 27 145
Case 13.The actions of Puicca multiple hits of minor Nasu in region of neck and in region
left hand, and after afire causing burns in region of back- 145 alin j
If will be proved that Puica has the intention to steal the ring of minor Nasu before the
deprivation of his life, this crime will be qualified according art 145 alin 2 lit b and e
Case 14.Actions of Mititelu will be qualified on art 145 alin (2) lit e. and the failed attempt to
murder of mother in law- 27 art 145 because Mititelu shot in the direction of mother in law
but missed.
Case 15.The actions of Cioclea will be qualified on art 145 alin 2 lit a) g) because he
calculated the time of execution of offence, penetrate intro barracks room, in the interval of
time between took the decision and until death he evaluate the powers , capacity and took
actions of preparation of crime, which prove that is with premeditation. Also Cioclea succeed
to kill 3 of 4 persons, by shooting. Other suffered serious intentional injury wich will be
qualified as 27, art 145

2
Case 16.Tihus actions will be qualified on art 27, 145 lit d), because after Dominte tried to
impead him to escape from imprisonment, accomplishing the duties of a guardian, Tihu
brought (intentat) to guardians life , trying to hit him with a knife in chest, but do not
succeed/. Because Bereja intervened , and in middle scuffle , he was hited once in abdomen
from which he died, Tihus action in this Case will be qualified as 145.
Case 17. a) Due to the fact that the murder of a child was committed immediately after birth,
this act will be qualified under art 147- in case of first child with malformations. If Popa,
wanted or admitted in a comprehended way producing of childs death, thet those acts will be
qualified under art 63, because Popa do not wanted or admitted in a comprehended way the
occurrence of the damaging consequences. Here is followed the direct intention. b)in the case
if Popa would abandoned the second child at the outskirts close to a forest, this act will be
qualified under art 163, with condition tha in in a subjective side will manifest imprudence as
a constitutive sign.
Case 18. a) the actions of spouse of Caraman will be qualified under art. 27 and art. 145, par
(2), lit a) si lit. e) in concurs with art 149 par (2), because he hatched plan of deprivation of
life of his wife. Thus the attempt is a perfect one because spouse undertook all the necessary
actions but the offence was not consumed. Also, the deprivation of life will be classified
under art 149 par (2), because spouse manifest imprudence, meaning he comprehend the
prejudicial character of action or inaction, predicted the prejudicial consequences, but
considers in easy way that those could be avoided- any persons will be not hit in this case.
Thus Caraman will be not subjected to criminal liability because b) in this case the act will be
qualified under art 27, 145 lit s) and lit e). Erroneous imaginations of the perpetrator, that he
is killing a pregnant woman will be ook in account at the individualization of punishment.
Case 19.Ceban- art. 145 par. (2), letter f) ,i) and j) in contest with art. 155 ,due to the fact that
he placed him in the trunk of the car (kidnapping)as coauthor with Punga and applying hits
with a blunt object (hammer) in a vital area (head) three times (by great cruelty).Later he
threatened Iancu with death.
Punga- art. 145 par. (2), letter f) ,i) and j), due to the fact that he placed him in the
trunk of the car (kidnapping) and threw him in a pitpuored gasoline over him and set (great
cruelty).
Iancu - art. 42, par. (5) and art. 145 par. (2), letter f) ,i) and j) due to the fact that he
drove them to the destination and clean the car of blood (accomplice).
Case 20. Chiricas actions will be classified under art. 146 in contest with art. 156 CP, due to
the fact that the heat of passion determined by the immoral acts (public offending, Maxian
disrespect) . Closed fracture of the skull, based on Regulation nr. 99/2003,represents a severe
damage that will be taken into account when individualizing the punishment.The death of
Bradu and Cascaval (upon two persons) was preceded by an unique intent and the plurality of
victims will be considered when individualizing the punishment.

3
Case 21. a) Tutunaru actions will be classified art. 27 and art.145, his intention was to kill
Varvarici, due to : the blunt object was directed towards a vital area of the human body, the
primary intention was of depriving him of life.
b) In this case will be added letter o) par (2) art.145, hooligan motives will be taken
into account on individualization of punishment.
Case 22. Puntes actions will be classified as : art. 145(1)
Zarzavat art. 27(failed attempt) si art. 145 par. (1), based on revenge as a motive
that will be taken into account when individualizing the punishment.
Bejan- art. 42 par. (5) in contest with art. 27 and art. 145 par. (1), he was an
accomplice for an action that might have been consumed.
Case 23. It will be applied criminal liability according to Art. 151 (4). The prejudicial action
contains severe damage to body or heath integrity ( primary damaging consequences), that
let to even more severe damaging consequences the death of the victim ( secondary
damaging consequences). The action is characterized by intention towards the primary
conseq., an imprudence towards secondary conceq.
In the hypothesis : Panfolov beared a temporary heath disorder , contraventional
liability would have been applied according to art. 78 (2) of the Contraventional Code.
Case 24. Sidorenco committed the crime of intentional murder art.145 (1) by omission to
act. Existing the natural obligation for him to prevent the death of the victim, by calling an
ambulance.
The classification shall not change in the hypothesis in which Sidorenco will be the
one that overthrows the support under the feet of the victim, the offence will committed by
action.
Case 25. Cires and Berdeu will be liable according to art. 163, due to : they had a real
possibility to help the victim, but they did not.
Case 26. Cosmin will be liable because the action committed meets the components of an
offence incriminated by the criminal law.Cosmin has abandoned the child in a apartment
building , that does not represent a dangerous surrounding in itself, but the timing ( during
winter, at 2:30 a.m.) in conditions of low temperature presents danger for a one month old
child.The actions will be under art. 163.
Case 27. The actions committed by Besleaga have not been correctly classified , because the
prejudicial action committed by inaction (leaving the one year old child unattended),
endangering him this way, by a person that ( based on the natural relationship father-child )
that is obliged to provide care, are enclosed in the component of art. 163.
Case 28. The actions of Tanas and Ciobanu will be enclosed under art. 151 4) (d).On the
specified date hit the victim several time with the feet and fists in different areas of the body-
causing primary prejudicial consequences.Later on the victim was hospitalized and died.C
causal link between the actions and the death of the victim).

4
Case 29. Motoc s actions are qualified under art. 149 (2).he did not foresee the possibility of
death occurrence, although he should have and could have- negligence).
Case 30. Licoaras actions will not be classified as criminal offence based on art. 159.Under
sanitary conditions he interrupted the pregnancy of the minir (15 years) , being in 14 week of
gestation.he respected the requirement regarding the term ( between 12 and 21 weeks ).
Case 31. The action will be qualified under art. 156 , for the folling reason: Gudumac, as a
result of the severe insults on the side of the victim lost control over his own actions, and
applied one hit toward the victim.Since he applied only one hit, the is a lack a intention of
death occurrence.
Case 32. a)The act will be qualified under art 151 par (2) lit b) because Calugar threw his
daughter of 6 years old ( minor) from balcony of the apartment of 5th flor.he has the intention
to commit this offence. b) if Calugar commited previously an offence then it will be added art
34 relapse, because he previously commited an offence with intention classified under art 151
par 2 lit j).

Case 33.Potters and Orbu's actions will be qualified as serious bodily harm that has direct
causal connection with the occurrence of death Nacu, and so their actions will be qualified as
art. 145, para. 2 letter (I).
Pancu will be considered participating in the above mentioned crime through actions stake it
has manifested in connection with the offense (and especially the desire to hide the effects
that resulted from the offense potter and Orbu).
Orbu's actions will be qualified as offense prescribed by art. 151 by conclusive actions they
carried it toward Iovu (i applied coporate serious injuries, despite the fact that they were not
in the vital areas of the body - the high number of strokes caused serious injury).
Case 34.The proposed court believes that placing the font is partially correct opinion by
arguing that the components meet the offenses set forth in this case is limited. Was certified
intentional serious injury and subsequent death of the victim indeed suggest qualification
after art. 151 par. (4). I support the position of court of first instance. But there are, in
disacord with offenses applied between art contest. 151 and Art. 163 paragraph (2) (B) the
reason for the crime of art components. 163 does not meet. Criminals did not have a duty to
help his victim, and so can not be talking about such debt. The event in aid of the victim
desire, as a reason to mitigate the offense, but not a liability that must manifest a Chisca and
Opalcu.
Yes, I think it is great importance between the time that has passed since the implementation
of injuries and death in case of injury serious offense occurred one death (art. 151 par 4), and
premeditated murder (art. 145) and the result expected (death) the offenses skilled in art. 145
is immediately and consumed with achieving the goal (occurrence of death), while infra. at
art. 151 does not have to end so death is the death of the victim and aggravation that occurs
later (after consuming offense.).

5
Case 35. The qualification of the criminal investigation of the deed of Cuvalda in accordance
with art. 149 as incorrect as it is clearly observable (by conclusive actions) the intention of
murder <= intent =>, and so can not qualify the crime of homicide by imprudence.
Qualification could be changed if it is found that Cuvalda his brother died from a heart attack
(unless this was caused by cardiac arrest Cuvalda). The qualification will be changed art
contest. 145 and Art. 27 (attempted murder) on the grounds that the intention of his attempts
Cuvalda + was present, but the shares beyond the control of the offender murder victim
occurred for another reason.
Case 36.Papanaga's actions will be qualified by art. 147 (infanticide) on the grounds that the
murder was accomplished child or soon after birth, she was in a state of emotional disorder,
so we can not talk about a skill in art. Its sister who was 145. agree to bury the corpse will be
complicit in the above mentioned offense on account of stake inactivate the same offense.
If Papanaga his sister would have left the child while Imas Village had to take him to the
orphanage, its shares would have been qualified by art. 145 paragraph 2 letter It is the reason
that the knowledge that in urmal of letting in cold child, death will occur - is intent to commit
murder.
Case 37.Actinunile Oprea will be qualified as art. 149 (deprivation of life by imprudence)
and was Oprea's commitment to ensure that its actions because no one else will suffer (not
bricks of the house will fall over the people).
Case 38.Consider the qualifications presented by the criminal investigation to be correct, and
indeed granted injuries correspond with Art. 152, paragraph (1). the CPRM. A potential
problem qualifying as correctly identifying the offender intention of the victim, as in the case
description might assume that the offender had another wish (attempted murder) and blows
were in the vital areas of the body.

También podría gustarte