Considerations on the Criminalization of the Offense of Leaving the Scene of an Accident
Keywords:
leaving the scene of a road accident, intent, guilt.Abstract
The purpose of this paper is to analyze the offense of leaving the scene of a road accident focusing on the fulfillment of the typical conditions of the objective side and the subjective side of the offence. In the judicial practice, the main issue faced by the judicial authorities in cases involving offenses of leaving the scene of an accident is related to establishing, the perpetrator’s form of guilt at the time of the act, either intent or basic intent or whether has acted guiltily or without guilt. The delimitation of the forms of guilt is very important as the perpetrator's liability can only be traced if it is established, beyond reasonable doubt that he acted intentionally - directly or indirectly - at the time he left the scene of a road accident.References
Bogdan, S., Şerban, D.A., & Zlati, G. (2014). Noul Cod penal. Partea specială. Analize, explicaţii, comentarii. Perspectiva clujeană, Bucureşti, România: Editura Universul Juridic.
Rusu, I., & Bălan-Rusu, M. I. (2014). Infracţiunile contra siguranţei circulaţiei pe drumurile publice în dreptul penal român, Bucureşti, România: Editura Universul Juridic.
Sabău, A.-D. (2015). „Înţelesul sintagmei «locul accidentului» din denumirea marginală a infracţiunii prevăzute de art. 338 Cod penal - părăsirea locului accidentului ori modificarea sau ştergerea urmelor acestuia”, în Revista de note şi studii juridice.
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