Autor: Bogdan Mihai Dumitru
Publicat în: Analele Universității „Titu Maiorescu”, 2019
Disponibil online: aici.
Abstract: There is a jurisprudential and doctrinal orientation which acknowledges cumulatively the offence of hitting or other violence or as the case may be, attempt of murder with leaving the accident scene. Another jurisprudential and doctrinal orientation states that the offence of leaving the accident scene cannot be considered as to be borne by the perpetrator. Through a careful analysis of Anglo-Saxon and continental legal doctrine, the relevant national law texts, as well as the international ones of the European Union, the case law of the European Court of Human Rights, this study hopes to clarify this legal issue.
Keywords: leaving the accident’s scene; vehicle; intention; European Court of Human Rights.