Abstract

This study is focused on the analysis of the subjective side of the offences set forth in art.241 PC RM. It is argued that any indirect intention or recklessness (resulting in overconfidence or negligence) cannot form the guilt of the offences in question. It is shown that the purpose of the offences specified at art.241 PC RM is to ensure a permanent source of income. It is made out a case for the appropriateness of substituting in art.241 PC RM the concept of „profit” with the concept of „income”. It is concluded that the material interest of the perpetrator is the exclusive or dominant motive behind the offences provided by art.241 PC RM. It is established that in those cases where the material interest is the dominant motive, most often it is followed by another motive. The secondary motive of the offences set forth in art.241 PC RM is: the fear of the perpetrator to assume the status of the entrepreneur; the perpetrator wishing not to be identified etc.

Authors and Affiliations