Consumul de alcool sau substanţe psihoactive după producerea unui accident de circulaţie

Asist. univ. dr. Valentina DINU-STĂNCESCU^*

* Valentina Dinu-Stăncescu este asistent universitar doctor la Facultatea de Drept, Universitatea din Bucureşti şi judecător la Judecătoria Sectorului 1 Bucureşti.

Facultatea de Drept, Universitatea din Bucureşti

ABSTRACT

This article aims to analyze what would be the legal framework for the offense of a defendant to consume alcohol or psychoactive substances after a traffic accident, resulting in property damage or (and) with the killing or injury of a person, given that several legislative changes have occurred in this regard. This crime was re-criminalized as such by Law no. 200/2023 through the provisions of art. 336of the Criminal Code, but even after this moment there were the same ambiguities that had appeared before, since the article partially overlapped with art. 78 of the O.U.G. no. 195/2002, which remained in the same form throughout this period....