Conţinutul numărului revistei |
Articolul precedent |
Articolul urmator |
738 20 |
Ultima descărcare din IBN: 2024-04-16 20:22 |
SM ISO690:2012 STATI, Vitalie. Infracţiunea de punere în exploatare a mijloacelor de transport cu defecte tehnice vădite (art.265 C.pen. RM): Analiza elementelor constitutive. In: Revista Naţională de Drept, 2010, nr. 1(112), pp. 55-63. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 1(112) / 2010 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 55-63 | ||||||
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The article represents an analysis of the integrant elements of the offence of putting into service the transport means with obvious technical hitches (art.265 of the Criminal Code of Republic of Moldova). The features of the object of the above-mentioned offence 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 offence has the following structure: the prejudicial deed that might be represented by three modalities with alternative character; the prejudicial consequences that have an alternative character; and the causative link between the prejudicial deed and the prejudicial consequences. As a result of a thorough analysis of various definitions, 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 sufficient demarcation between the serious violation and the violation devoid of severity of rules of exploiting transport means is not made, etc. The violations specified in the Road Traffic Regulation and that according to the author’s opinion should not be subject to the notion „other serious violation of the rules of exploiting transport means, that ensures the traffic security” are listed. The subjective side and the subject of the offence 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 subject of the discussed offence. |
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