In this article an examination of one of the less researched circumstances of the voluntary murder has been undertaken: the murder wittingly committed (lit.a) alin.(2) art.145 PC RM). At the same time, the identification of the juridical-comparative bases and the identification of the juridical-historical bases of the accusatorial disposition, concerning the voluntary murder, have been made. And not the least, the examination of the offence prevented at lit.a) alin.(2) art.145 PC RM has been performed. In this way, the premeditation constitutive conditions are given for examination: the length by time from the moment when the murder perpetrating was decided, to the moment of the crime fulfillment; during this time the committer must prepare, he should focus all his psychological intensity, in order to ensure the success of the operation; during this time, the committer must proceed to some preparation deeds, in order to make sure of the result of the idea.