Abstract

This article emphasizes that, in the context of the offences provided by art.329 PC RM, it is important both the psychological attitude of the offender towards the prejudicial act and the psychological attitude of the offender in relation to the prejudicial consequences. It is shown that, it is impossible for the offender to show intent in relation to the prejudicial act or the prejudicial consequences set out under art.329 PC RM. It is argued why the psychological attitude of the offender in relation to the prejudicial consequences cannot be considered sufficient to carry out the delimitation between the offences referred to at art.329 PC RM and the offences stipulated in art.327 PC RM. Furthermore, it is determined that: after the abrogation of art.331 PC RM, we cannot claim that the incrimination of the offence of refusal to obey lawful instruction continued under art.329 PC RM. It is concluded that the offences provided by art.329 PC RM cannot be considered as prolonged offences. But, the offences in question may be considered as continuing offences.

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