Autor: Ion RUSU
Publicat în:
Revista Dreptul nr. 10/2018
Revistă disponibilă online:
Why the criminal law of transports?
In this study there are presented the main scientific arguments that can be taken into account for promoting a new discipline, as sub-branch of the Romanian criminal law, namely the criminal law of transports. For the scientific arguing of this approach, there have been briefly examined the system of Romanian law, the syntagms of branch, sub-branch and institution of our law. As regards the criminal law, reference has been made to the two parts, to some institutions and to the possibility of recognizing the criminal law of transports as sub-branch of the Romanian law. Likewise, within the scientific approach, it has been carried out a brief examination of the criminal law norms specific to the safety of traffic and of transports from Romania, insisting on the necessity of grouping them into a distinct normative act, recommending even a code of transports. The examination has considered the main elements of similarity between criminal law norms specific to the four domains of the national system of transports, namely: road, railway, naval and air. In view of arguing the mentioned ideas there have been presented also some aspects related to criminality in the domain of transports, by emphasizing some vulnerabilities with regard to the terrorist attacks committed in this domain in recent years. This paper represents a continuation of other studies and articles published in specialized journals or in the volumes of some recognized international or national conferences, including of the thesis of habilitation of its author by which he aims to go deeply into the researches in order to promote this new discipline in the Romanian law. The novelty elements promoted in this study are represented by the scientific argumentation for the promotion and development of this new discipline, the analysis of the elements of similarity of the norms which defend the safety of traffic and of transports in the national system of transports from Romania, as well as the proposal to adopt a code of transports to include all offences specific to this domain. The paper may be useful to the academic teaching staff with concerns in the domain of criminal law, to the researchers, as well as to the practitioners.
Keywords: offence; safety of traffic and of transports; sub-branch of criminal law;