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SM ISO690:2012 STATI, Vitalie. Infracţiunea de punere în exploatare a mijloacelor de transport cu defecte tehnice vădite (art.265 CP RM): analiza elementelor constitutive. In: Revista Institutului Naţional al Justiţiei, 2008, nr. 3(6), pp. 63-72. ISSN 1857-2405. |
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Revista Institutului Naţional al Justiţiei | ||||||
Numărul 3(6) / 2008 / ISSN 1857-2405 | ||||||
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Pag. 63-72 | ||||||
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The article represents an analysis of the integrant elements of the off ence of
putting into service the transport means with obvious technical hitches (art.265
of the Criminal Code of the Republic of Moldova). The features of the object of the
above-mentioned off ence are examined: the generic juridical object is formed by
the social relations regarding the security in the transport; the special juridical object
has a complex nature; the person’s body forms the material object of the offence.
The objective side of the off ence has the following structure: the prejudicial
deed that might be represented by three modalities with alternative character; the
prejudicial consequences that has an alternative character; and the causative link
between the prejudicial deed and the prejudicial consequences. As a result of a
thorough analysis of various defi nitions, the author has the following remarks: the
idea that the serious violation of the working regime of the drivers is an example of
another serious violation of the rules of exploiting the transport means can not be
accepted; a suffi cient demarcation between the serious violation and the violation
devoid of severity of the rules of exploiting the transport means is not made; and
others. The violations specifi ed in the Road Traffi c Regulation and that according
to author’s opinion should not be subject to the notion „other serious violation of
the rules of exploiting the transport means, that ensures the traffi c security” are
listed. The subjective side and the subject of the off ence provided by art.265 of The
Criminal Code of Republic of Moldova are also examined. The enterprise from the
auto transport system can not be the subject of the discussed off ence. |
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