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

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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”.

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∗ 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.