The Constitutive Content of the Crime of Refusal or Evasion from Collecting Biological Samples in the Romanian Criminal Law

• Author: Minodora-Ioana Balan-Rusu
• Position: Assistant Professor, PhD in progress, 'Dimitrie Cantemir' University of Bucharest, Romania
• Pages: 24-30

ACTA UNIVERSITATIS DANUBIUS Vol. 11, no. 1/2015

24

Minodora-Ioana BĂLAN-RUSU1

Abstract: In the paper we have e xamined the constitutive content of the offense of refusal or evasion

from collecting biological samples, with elements of similarity and differences between the current

and the old law. The comparative examination is useful as it allows the identification and application

of a more favorable criminal la w, in the case where such an offense is co mmitted under the influence

of the old law and it is to be finally judged after the entry into force of the new law. This work

continues and completes the monograph “Offenses against traffic safety on public roads in the

Romanian criminal law”, published in 2014 (Universul Juridic). The work can be useful to judicial

bodies responsible for law enforcement, and academics from law schools (teachers, stud ents and

master students). The innovations con sist in examining the constitutive content and the elements of

similarity and differences between the two regulations.

Keywords: the material element; judicial practice; more favorable criminal law

1. Introduction

Until the entry into force of the new Criminal Code2, the offense of refusal or

evasion from collecting biological samples was provided in the Romanian law in

article 87, paragraph (5) G.E.O. no. 195/20023 on public roads, republished, as

amended and supplemented.

1 Assistant Professor, PhD in progress, “Dimitrie Cantemir” University of Bucharest, Romania.

Address: 176 Splaiul Unirii, Bucharest 030134, Romania, Tel.: +4021 330 8931. Corresponding

author: oanarusu_86@yahoo.com.

2 Law n o. 286/2009 on the Criminal Code published in the Official Monitor of Romania, Part I, no.

510 of 24 July 2009 and Law no. 187/2012 for the implementation of Law no. 286/2009 on the

Criminal Code, published in the Official Monitor of Romania, Part I, no. 757 of 12 November 2012,

in force since 01.02.2014.

3 Republished in the Official Monitor of Romania, Part I, no. 670 of 3 August 2006.

AUDJ, vol. 11, no. 1/2015, pp. 24-30

The Constitutive Content of the Crime of

Refusal or Evasion from Collecting

Biological Samples in the Romanian

Criminal Law