Considerations with Regards to the Subjective Part of the Involuntary Manslaughter

Author:Sandra Gradinaru
Pages:284-289
SUMMARY

In the context of the constant growth of the number of cars registered in Romania, allowing the vehicles to access public roads is a major risk for the drivers. The modernization process of the means of transport for the rural areas of the country is highly delayed, so a coexistence between the old means and the current means of transportation results often in serious accidents in which both... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2015
284
Considerations with Regards to the
Subjective Part of the Involuntary Manslaughter
Sandra Gradinaru1
Abstract: In the context of the constant growth of th e number of cars registered in Romania, allowing the vehicles to
access public roads is a major risk for the drivers. The modernization process o f the means of transport for the rural
areas of the country is highly delayed, so a coexistence between the o ld means and the current means of transportation
results often in serious accidents in which b oth vehicles and rolleys. In such cases, the issue of guilt rises, guilt which is
oftentimes shared both by the automobile driver and the rolley d river. Mostly the drivers of the rolleys are victims, and
under these conditions one might ask themselves if the Courts won’t incline to establish de plano a common guilt,
although the rules of evidence suggest an exclusive guilt on the victim’s part.
Keywords: accidents; presence of alcohol; carloads on national roads; violations of the legal provisions
1. Preliminary Considerations
A recent decision of the Court brings forward controversial issues as relating to the felony of
manslaughter, as well as the felony of being guilty and connecting the material trait of this felony and
the illicit non-action, which leads to the death of the victim.
Thus, by the penal sentence 2251/11/12/2014, the Court of Vaslui condemned the felon F.L. to prison
for one year and a half, for manslaughter, as punished and sanctioned by Art.178, Paragraph 2 and 3,
Penal Code, and with applying Art.81, Penal Code.
In fact, the event was based on the danger produced by the accused, F.L., who drove drunk and due to
the impossibility to adapt the speed to the road conditions, didn’t notice in time the carload, neither did
he notice the victim, M.I. and the state of danger caused by the victim, who was also driving drunk a
carload without any signals, the Court noticing that both the accused and the victim could have
prevented the accident from occurring if they respected the legislation.
Against this decision, the accused appealed, and invoked the lack of culpability, but ignored the
disrespecting of other rules and regulations on public roads.
1Senior Lecturer PhD, Alexandru Ioan Cuza University of Iasi, Romania, Address: 11 Carol I Blvd., Iasi 700506, Romania,
Tel.:+4 0721 100 900, fax: +4 0232 213 900, Corresponding author: sandra.gradinaru@yahoo.com.

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