Critical Aspects Regarding Error in Persona Form of Transferred Intent

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.