APPROACHES OF BASIC INTENT IN THE ROMANIAN CRIMINAL CODE

Cristinel GHIGHECI

In art. 16 paragraph (2) and (4), the new Romanian Criminal code provides „(2) Guilt exists when an action is committed with direct intent, with basic intent or oblique intent.” and „(4) An action is committed with basic intent when the perpetrator: a) can foresee the outcome of their actions but does not accept it, believing without reason that such outcome will not occur; b) cannot foresee the outcome of their actions, though they should and could have done so.” 

In art. 16 paragraph (6),  the Criminal code provides „(6) The act consisting of an action or inaction shall constitute an offense when committed with direct intent. The act committed with basic intent constituted an offense only when the law specifically establishes it as such.”

How to find out, the new romanian Criminal code regulates exlicitly the basic intent with foresight and the basic intent whidout forsight. The Criminal code does not regulate other approaches of basic intent, which are analyzed in doctrine.

However, these are reference points to be taken into consideration when the judiciaries analyze the criminal guilt whenever an offence has been committed under the criminal law. 

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