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

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

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... (see full summary)

 
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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

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