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Critical Aspects Regarding Error in Persona Form of Transferred Intent

Author

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  • Calina Andreea MUNTEANU

    (Lecturer, Ph.D. Candidate, „Petre Andrei” University from Iasi)

Abstract

The present study proposes to examine the error in persona form of the transferred intent, debateing on the problem of its belonging to a unity offence or to a plurality of offences. From the author’s point of view, the correct solution should be that of the plurality of offences, taking into consideration that the author of the crime acts with both intention and negligence. The author analyzes theoretical concepts and jurisprudential aspects, but also elements of comparative law regarding this issue. Another aspect being analised is the diffrence between error in persona and aberratio ictus, that lies in the fact that in the former, the offender killed the person he had individualized as a target as opposed to the case of aberratio ictus, where the offender does not kill the person he had individualized. In the case of an error in persona, the offender aims to kill the person he had in his sight and he succeeds in hitting this person at target, but he was mistaken about the identity of this person.

Suggested Citation

  • Calina Andreea MUNTEANU, 2012. "Critical Aspects Regarding Error in Persona Form of Transferred Intent," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 1(1), pages 205-215, July.
    • Handle: RePEc:lum:rev4rl:v:1-2:y:2012:i:1:p:205-215
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    Keywords

    error in persona; aberratio ictus; unity of offence; plurality of offences; sanction; comparative law.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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