EIRP Proceedings, Vol 6 (2011)

Premeditation to the Criminal Intention

Alexandru Marit, Georgian Dan

Abstract


In the present study the author is concerned, in the case of the perpetrator, on the states of
consciousness and mental states that precede and accompany the external actions, justifying with good
arguments the fact that guilt, as actual mental process must be seen as subsequent or after the criminal act,
namely after typical elements or features have been identified. Consequently, the author emphasized the fact
that these states of mind and of consciousness occurs first, or from the beginning, in an internal deliberative
phase, but they are considered and judged in the end, because they are derived from factual thinking.

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