Specific Aspects Of The Offense Of Leaving The Place Of The Accident

• Author: Alin-Sorin Nicolescu, Luminita Cristiu-Ninu
• Pages: 211-225

LESIJ NO. XXV, VOL. 2/2018

SPECIFIC ASPECTS OF THE OFFENSE OF LEAVING THE PLACE OF THE

ACCIDENT

Alin-Sorin NICOLESCU

Luminiţa CRISTIU-NINU

Abstract

The legislator has adopted the respective texts of law to the new social realities once with the

repeal of the criminal segment of GEO no. 195/2002 relating to the circulation on public roads,

republished and the introduction of this one in the content of the New Criminal Code.

The offence of leaving the place of the accident, actually found in the content of the provisions

of art. 338 of Criminal Code is one of the eight offences against the safety on public roads.

Knowing important modifications, the legal text may appear relatively ambiguous if we refer to

the old indictment, meaning that certain factual situations remained outside the criminal law. We will

analyse in this regard the obligations that arise to the driver in case of a traffic accident, bringing into

question even the decriminalization of the prohibition of the consumption of alcohol after the road

event. Furthermore, we will treat even aspects related to the causes of special no imputation that, on a

closer analysis, can create problems of interpretation. Through the phrase “it does not constitute the

offence of leaving the place of the accident when only material damages occurred after the accident”,

the legislator has chosen to indict this offence even if th e victim has evaluable lesions within 1-2 days

of medical care, on condition that for the same fact, in the old regulation, 10 days were required or it

was an oversight of the legislator that it is to be resolved at some point?

Keywords: accident, driving, circulation, Criminal Code, offence, road.

1. Introduction

The new regulation stipulates the

offense of leaving the place of the accident

or its modification or deletion of its traces is

regulated as follows:

1. Leaving the place of the accident,

without the authorization o f the police

or the prosecutor who carries out the

investigation of the place of the deed, by

the driver of hi s vehicle, by the driving

instructor u ndergoing t he process of

training or either by the examiner of the

competent authority found during the

practical tests of the examiner in order

 Judge at Bucharest Court of Appeal (e-mail: nicolescualinsorin@gmail.com).

 Vice-President at Bucharest Court of Appeal (e-mail: luminita.cristiu@just.ro).

to obtain the driving licence involved in

a road traffic accident, is punished with

imprisonment from 2 to 7 years.

2. The same penalty i s penalized even the

deed of any person to change the status

of the place or to delete the traces the

road traffic accident that has resulted in

killing or the injury of bodily integrity

or health of one or more people, without

the consent of the research team on the

spot.

3. It does not constitute a n offense the

leaving of the place of the accident

when:

a) only material damage has occurred after