INFRACŢIUNEA DEVIATÃ, PLURALITATE APARENTÃ SAU REALÃ DE INFRACŢIUNI?

The author examines the deviated offence in the broader framework of the real and not apparent plurality of offences. The author considers, contrary to the opinion expressed by the other Romanian authors, that for both its main forms – error in personam and aberratio ictus – the correct solution should be that of the concurrence of offences (an attempted offence in the representation of the perpetrator and an offence committed by fault) if in relation to the circumstances of the case, the defendant could and should have foreseen the actual result.