Abstract: Within the paper it is examined the constitutive content of the o ffense on leaving post and the
presence to work under the influence of alcohol or other substances accordin g to the new criminal code
entered into force on 01.02.2014. The n ovelty consists in the examination performed in the light of the new
amendments and completions to the law, and the comparative analysis with the old law, considering the
transitional situations involving the more favorable application of the criminal law. The paper can be useful to
law students, academics and practitioners in the field, and all those in terested in the new legislative
amendments occurred in the Romanian criminal law, in this area.
Keywords: offense; the objective side; the subjective side; Romanian Criminal Law
The Criminal Code of 1969 included offenses against the security of railway traffic in a separate
chapter under Title VI, with the marginal title “Crimes that are detrimental to some activities of public
interest or other activities regulated by law.”
In the New Criminal Code, these offenses are contained in Chapter I with the same title, within the
Title VII marginally called “Crimes against public safety”.
One of the offenses specific to safety domain for traffic and rail transports provided in the mentioned
chapter of the new Criminal Code it is the offense of “leaving post and the presence to work under the
influence of alcohol or other substances”, an incriminated offense in the content of article 331. Amid
some critical observations from the Romanian doctrine in the recent years (Rusu, 2009, p. 420), the
marginal title of the offense provided for in the Criminal Code of 1969 was amended.
Also, due to other critical opinions (Rusu, 2010, p. 51), in the new law there were introduced changes
regarding the active and passive subjects of the offense, widening their scope, according to the
regulations in this area.
In addition to the critical opinions the legislative changes were imposed also due to the significant
changes that have occurred in the last years regarding the structure, the organization and functioning
method of the circulation system and the railway transport as a hole.
Therefore, the new settlement brings a series of additions and significant changes in the constitutive
content of the examined offense.
1 Associate Professor, PhD, “George Bacovia” University of Bacau, Romania, Address: 157 Calea Marasesti, 600164 Bacau,
Romania, Tel.: +4034116448, Fax: +4034116448, Corresponding author: firstname.lastname@example.org.