ASPECTE TEORETICE ŞI PRACTICE PRIVIND APLICAREA RĂSPUNDERII PENALE PENTRU UNELE INFRACŢIUNI SĂVÂRŞITE ÎN DOMENIUL TRANSPORTURILOR (art. 2641, 266, 269 şi 276 CP RM)

Vitalie STATI Catedra Drept Penal şi Criminologie

Rezumat

In this study, is performed the analysis of the offences prevented at art.2641, 266, 269 and 276 PC RM. With this occasion, the content of these penal norms is rendered throughout alternative postures. This time, is taken into account the stipulations prevented at another Road Traffic Regulation, a new one. Respectively, the following conclusion is required and actuates that the right solution to express adequately the connection between the leave in danger offence and the leave of the car crash place offence is the offences competition and not the solution of the competition between the special and general norms. As well, there are brought important reasoning charging to abate art.266 PC RM. We underlie the idea that the offence, prevented at art.269 PC RM, is a offence possible to perpetrate only in the transportation domain. In the same time, is defined the notion „traffic participant (other than the driver)”, generically naming the subject of the offence prevented at art.269 PC RM. Largely, we identify the penal responsibility application conditions concording to art.276 PC RM. The achieved results can be efficiently used in the penal law application activity, also in the didactic or scientific activity.