Accident de circulație. Cazul în care conducătorul auto se angajează într-un comportament ilicit în trafic, prin nerespectarea regulilor legate de prioritate și de viteză
Traffic accident. The case involving the driver engaged in illicit traffic behavior, by violating the rules related to priority and speed

Summary/Abstract: In analyzing the distinction between the form of the guilt according to the provision and the form of the indirect intention, the court finds that the common element of the two is the intellectual one, namely the provision of the result (in both cases the author has a concrete mental representation on the possible consequences of his facts, on the fact that it could result in engaging in illicit traffic behavior). In both cases the perpetrator is not alien to the risk he is exposed to by failing to comply with the foreseen measures or by violating a traffic rule and in both situations he assumes this risk by continuing the illicit actions. Neither in the case of the indirect intention nor in the case of the foreseeable fault the defendant does not have the mental representation of a certainty that the accident will not occur and, aware of the risk situation, assumes it.

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