Indirect intent. Conditions. Penalties

DREPT PENAL ŞI DREPT PROCESUAL PENAL

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 offense and the penalties applied for the new offense shall keep their individual nature, and the provisions of Article 96 para. (5) of the Criminal Code, respectively of Article 43 para. (1) and (2) of the Criminal Code could not be applied. In order for this legal text to become applicable, first of all, the revocation of the suspension of the execution of the previous penalty under supervision should have been ordered. Otherwise if there is no revocation of the suspension of the execution of penalty under supervision, the penalty the execution of which was suspended under supervision shall not become enforceable so that the provisions of Article 96 para. (5) of the Criminal Code shall not apply. 

3. If the main prior penalty, the execution of which was suspended under supervision, did not become enforceable, the additional punishments applied besides this penalty cannot have another regime than the main penalty either, so that they cannot be mixed or merged with the additional punishments established together with the main penalty applied for the new offense.