Допустимо ли е отнемането на моторни превозни средства при извършено транспортно престъпление по чл. 343б НК
Is the seizure of motor vehicles permitted in the commitment of a transportation crime under art. 343b of the Criminal Code

Summary/Abstract: The present article is prompted by the emerging and increasing problems regarding the operation of motor vehicles by drunk and/or drugged drivers. More and more often we are witnessing road traffic accidents occurring in which innocent people lose their lives and in which the guilty drivers are found to have been driving their car under the influence of alcohol and/or drugs. Although the state reacts adequately and according to the law against these offenders by revoking their driving licenses, they allow themselves to drive again after using alcohol and/or drugs. In this regard, the exhibition sets itself the task of answering the question whether this criminal encroachment can be reacted more strictly by confiscating the motor vehicles that are owned by the drivers who committed the relevant acts under art. 343b of the Criminal Code. He exposition also touches on the question of what is the legal nature of the motor vehicle in cases of an act committed under art. 343b of the Criminal Code – whether the same is the object or means of the crime. On this board, the possibility of the same being revoked in accordance with art. 53 of the Criminal Code. Proposals de lege ferenda have been made to improve our criminal legislation, which will allow to react more strictly and adequately against these criminal traffic violations under the Criminal Code.

• Details
• Contents