Infracţiunea de refuz sau sustragere de la prelevarea de mostre biologice. Condiţii de tipicitate. Achitare

The offense of refusing or evading the taking of biological samples. Standard requirements Acquittal

Abstract

The obligation to submit to the collection of biological samples in order to establish blood alcohol or psychoactive substances level, cannot last indefinitely, but must be related to the obligation of the criminal investigation bodies to take the person to the hospital unit as soon as possible from the road accident or the circumstances that require the sample collection.

The moment of taking the biological samples is unique, in the immediate vicinity of driving a vehicle on public roads, which is relevant for the safety of traffic on public roads and allows for determining the blood alcohol level with a high degree of accuracy.

Similarly, in the case of refusal to take biological samples for the purpose of establishing blood alcohol levels or the presence of psychoactive...