Attempted murder. Bodily injury. Change of the legal classification of the action

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

The act of the accused who punched and kicked the injured person, while he was hit in the thigh of his left leg, near the groin area, with a knife, by another accused, meets the constitutive elements of the attempted murder, provided by Article 32 (1) referred to in Article 188 (1) Criminal Code. This is because, although taken separately, the violence perpetrated by the accused did not have the capacity to cause the death of the injured person, they led to the defeat of the victim's resistance, so that the accused could more easily apply the stabbings that endangered the victim's life. This reasoning must be  followed all the more because even before the beginning of the conflict the accused knew that the opponent had a knife and had openly intended to use it in case of need, and during the aggression they had directly intended to use the weapon against the injured person. 
Thus, the delimitation between crimes against life and those directed against bodily integrity is made taking into account several criteria that refer to the vulnerable object, the region of the body targeted, the number and intensity of blows. Therefore, the repeated hitting of the victim with a knife, blows that targeted a vital area and caused a  serious injury in the groin area, an injury that, due to bleeding, endangered the life of the victim, meets the elements of the murder.