PARTICULARITĂŢI ALE INFRACŢIUNII DE CONDUCERE A UNUI VEHICUL SUB INFLUENŢA ALCOOLULUI SAU A ALTOR SUBSTANŢE DIN PERSPECTIVA PROBAŢIUNII JUDICIARE
PARTICULARITIES OF THE OFFENSE OF DRIVING A VEHICLE UNDER THE INFLUENCE OF ALCOHOL OR OTHER SUBSTANCES FROM THE POINT OF VIEW OF JUDICIAL PROBATION

Summary/Abstract: The present study aims to analyze the most used road traffic offense in the judicial practice, namely the offense of driving a vehicle under the influence of alcohol or other substances, provided by art. 336 of the Criminal Code, pointing one of its essential constituents, as has been ruled by an interpretative decision of the Constitutional Court, by reference to the particularities of judicial probation. Howewer, this analysis, which the author does not even claim to be exhaustive, provides several probation elements, which systematically corroborate, can substantiate some solutions of the judicial autorities, both during the criminal prosecution and the trial, in order to either a loosening of this problem of law is generated. Of course, this optics does not exclude arguments to the contrary that can outline a diametrically opposed solution.

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