Considerations with Regards to the Subjective Part of the Involuntary Manslaughter

• Author: Sandra Gradinaru
• Pages: 284-289

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.