The offense stipulated by article 336 paragraph 1 from the romanian criminal code. Uneven judicial practice

• Author: Adrian Aldea
• Position: Transilvania University of Brasov
• Pages: 397-402

Bulletin of the Transilvania University of Braşo v

Series VII: Social Sciences • Law • Vol. 12(61) No. 2 – 2019

https://doi.org/10.31926/but.ssl.2019.12.61.2.22

THE OFFENSE STIPULATED BY ARTICLE 336

PARAGRAPH 1 FROM THE ROMANIAN

CRIMINAL CODE.

UNEVEN JUDICIAL PRACTICE

Adrian ALDEA1

Abstract: The article examines the uneven judicial practice concerning the

legal classification of an individual's act that, when detected in road traffic,

has agreed to provide first blood sample, but refused the second one, thus

making it impossible to retroactively determine the blood-alcohol

concentration at the time of driving on public roads. One conclusion shall be

drawn that the offense at issue represents the offense of driving under the

influence of alcohol or other similar substances.

Key words: uneven judicial practice, driving, blood-alcohol, offense,

refusing to provide blood sample

1. Introduction

Romanian Courts have developed an uneven practice regarding the legal classification

of a person' s act that, when detected, has consented to undergo first blood sample

collection, while refusing the second one, thus making impossible to retroactively

determine the blood-alcohol level at the time of driving on public roads.

Therefore, a first opinion regards the act as a refusal to provide blood sample,

reasoned by the inability to retrospectively ascertain the blood-alcohol level at the time

of driving on public roads.

A second view indicates that some Courts considered the act as a criminal offense of

driving under the influence of alcohol or other similar substances.

2. Legal context

Article 336 paragraph 1 from the Criminal Code stipulates that "Driving, on public

roads, a vehicle for which a driving license is required by law, by an individual who, at

the time when biological samples were taken, had a blood alcohol concentration

exceeding 0.80 g/l shall be punishable by no les s than one and no more than five years

1 Transilvania University of Braşov, a.aldea@unitbv.ro, corresponding author