Coliziune între un moped şi o căruţă. Ucidere din culpă. Lipsa calităţii de parte responsabilă civilmente a Biroului Asigurătorilor de Autovehicule din România

Collision between a moped and a carriage. Involuntary manslaughter. Lack of capacity as civilly liable party of the Romanian Motor Insurers’ Bureau

Abstract

The object of the criminal proceedings is the criminal liability of the defendant and the civil proceedings are carried out, under Art. 19 para. (2) of the Civil Procedure Code, against the defendant and, as the case may be, the civilly liable party.

By examining the capacity as civilly liable party of the Romanian Motor Insurers' Bureau, according to the provisions of Art. 33 and Art. 2 para. 27 of Law no. 192/2017, it was rightly established that the accident resulting in the damage suffered by the civil parties was produced by the defendant, who was driving a horse-drawn carriage and who, not being subject to registration, was not required to have mandatory civil liability...