Infractions against the traffic safety on the railways according to the regulations of the new penal code

Author:Mihai Adrian Hotca
Position:Professor, Ph.D. Dean of the Faculty of Law, ?Nicolae Titulescu' University, Bucharest
Pages:9-22
Mihai Adrian Hotca
9
LESIJ NR. XVIII, VOL. 2/2011
INFRACTIONS AGAINST THE TRAFFIC SAFETY ON THE RAILWAYS
ACCORDING TO THE REGULATIONS OF THE NEW PENAL CODE
Mihai Adrian HOTCA
Abstract
According to the new Penal code, the infractions against the safety on the railways are
regulated in art. 329-332.The new regulation brought certain changes to the existing legal
provisions among which we point out two. The first common change with regard to the un-
carrying out of the work duties or their defective carrying out, leaving of the post and the presence
at work under the influence of alcohol or other substances, destruction or false signaling was the
removal of the aggravation element consisting in the causing of a railway catastrophe.
Considering this change, it is to be applied the rules of the concurrence of infractions among these
deeds being also those against the person or the property, if appropriate. Another common change
consists in the transformation of the immediate consequence to the infractions stipulated by art.
329-332 into a „result” consequence; the syntagms „jeopardizing” and „ jeopardy is created”.
Keywords: new Penal code, traffic safety on the railways, work duties, railway accident,
jeopardy.
I. Introduction
In terms of art. 329 of Penal code, by comparing the new incriminating text to the
corresponding one in the previous Penal code, we notice that there are some content changes1. The
first change refers to the removal of the aggravation element consisting in the causing of a railway
catastrophe, which means that the rules of the concurrence of infractions are to be applied,
between the infraction stipulated by art. 329 of Penal code and the ones against the person or the
property, depending on the case 2.
Another change consists in the transformation of the immediate consequence of the infraction
stipulated by art. 329 par. (1) into a „result“ consequence, being provided the syntagm
„jeopardizing” unlike the previous one according to which the deed „could jeopardize the traffic
safety of the means of transportation”.

Professor, Ph.D. Dean of the Faculty of Law, „Nicolae Titulescu” University, Bucharest (e-mail:
mihaihotca@gmail.com). This study was supported by CNCSIS – UEFISCSU, project number PNII – IDEI
860/2009- cod CNCSIS ID-1094.
1 For the analysis of the infractions against the traffic safety of the railways according to the provisions of the
previous Penal code, see Tudorel Toader, Drept penal. Partea special, Hamangiu Publishing House, Bucharest,
2008, p. 319 and the following one. For the analysis of this infraction, according to the provisions of the new Penal
code, see Tiberiu Medeanu, in the collective paper (of authors Petre Dungan, Tiberiu Medeanu, Viorel Paşca)
Manual de drept penal. Partea special, Vol. II, Universul Juridic Publishing House, Bucharest, 2011, p. 331 and the
following one.

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