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Ultima descărcare din IBN: 2024-05-07 22:41 |
SM ISO690:2012 MANEA, Vladislav, BRÎNZA, Serghei. Latura subiectivă a infracţiunii prevăzute la art 286 C pen RM. In: Revista Naţională de Drept, 2009, nr. 3(102), pp. 41-48. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 3(102) / 2009 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 41-48 | ||||||
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As follows from the art.286 PC RM – the intention of accomplishing (in some manner) the offence prevented by this article, is a direct one – because it is an intention characterized by a special purpose. The special action purpose, the one which disorganizes the main activity of the prisons, is multi necessary depending on the situation, in the delimitation of this offence from the adjoining offences or in its delimitation from the adjoining non-penal acts. The special purpose of the offence prevented by the art.286 PC RM, is that it can not be correlated to an aggravated circumstantial sign or maybe an attenuating sign of this offence. It is an obligatory sign, comprising an alternative character of the offence subjective side; an alternative one, because it has an obligatory character only for two of those four methods presented in the art.286 PC RM – the arrangement of criminal groups and the active participation in them. Among the reasons in state to impulse toward accomplishing actions in order to disorganize the prisons activity, may be enumerated: the vengeance incited by the daily customary connections; the annoyance; the anger; the cowardice; the longing to get rid faster as possible from the victim’s presence; personal hostility; the sadistic reasons or those of sexual tint, etc. |
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