Destruction by Negligence. The Condition that the Degradation by Arson be Able to Endanger Other Goods or Persons

  • Cristian Valentin Ștefan Prosecutor’s Office attached to the Târgu Mureș Court of Appeal
Keywords: destruction by negligence, degradation by arson, ability to endanger other goods or persons

Abstract

The destruction by negligence - objectified in degradation by arson - is a result offence, in relation to its own material object, and an offence of concrete danger, in relation to a derived material object. From this perspective, the material element must be able to expand its immediate effect from the offence’s own material object to a derived material object that is to affect other goods or persons. The ability of the material element to expand its immediate effect and affect other goods or persons is to be appreciated according to the following criteria: the arson intensity and the time and the effort needed to extinguish the arson.

Published
2019-11-01