Autor: Minodora-Ioana Bălan-Rusu
Publicat în: Revista „Dreptul”, nr. 7/2015
Disponibil online: aici.
Titlul lucrării în engleză: Discussions referring to the unconstitutionality of Article 336 of the Criminal Code on driving a vehicle under the influence of alcohol or of other substances (II)
Abstract: In this article there have been examined comparatively the provisions of the law in force and those of the previous law, by emphasizing the elements of similarity and of distinction between the two regulations. Likewise, the author has critically examined the provisions of Article 336 (1) of the Criminal Code, also making in this regard de lege ferenda proposals designed to determine the amendment of the current provisions. The de lege ferenda proposal aims to the legislator’s abandonment of the provision according to which the moment of consummation of the offence is identified with moment of taking the biological samples, motivated by the fundamental difference existing between the two moments, especially with regard to the criminal liability. The paper can be useful to the legislator, in the light of the suggested amendments, to the practitioners, as well as to all those who show concerns in this field.
Keywords: offence; moment of taking biological samples; moment of consummation of the offence.
