2. Articole

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    Mijlocul de săvârșire a infracțiunilor prevăzute la art. 264 din Codul Penal
    (CEP USM, 2021) Postovanu, Nicolae
    The means of transport constitutes the means of committing the offenses provided in art. 264 of the Criminal Code. From the perspective of civil law, the means of transport can undoubtedly be a source of increased danger. However, the notion of source of increased danger cannot be used to designate a constitutive sign of the criminal component. In the case of the offenses provided in art. 264 of the Criminal Code (which are offenses committed essentially by imprudence), the perpetrator has a misconduct expressed in violation of the transport traffic or operational safety rules. When violating by imprudence these rules, the perpetrator either realizes that he uses the means of transport despite these rules, thoughtlessly considering that it will not have the effect of producing the prejudicial consequences provided in art. 264 of the Criminal Code, or does not realize that it uses the means of transport despite the transport traffic or operational safety rules, although it should and could provide that it will have the effect of producing prejudicial consequences provided in art. 264 of the Criminal Code.
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    NOŢIUNEA „MIJLOC DE TRANSPORT” ÎN SENSUL ART. 132 DIN CODUL PENAL
    (CEP USM, 2021) Postovanu, Nicolae
    Means of transport in the sense of art. 132 of the Criminal Code must: 1) have an engine with a cylinder capacity of at least 50 cm3; 2) to be subjects of the safety rules of the transport traffic or operational safety rules. In the sense of art. 132 of the Criminal Code, the notion “means of transport” can only mean a mechanical means of transport. For the purposes of this article, the term “means of transport” may not mean a non-mechanical means of transport. In art. 132 of the Criminal Code, the notion “self-propelled cars” does not have the meaning of “self-propelled means of transport”. Otherwise, the concept of “self- propelled cars” would duplicate the concept of “self-propelled means of transport” used in the same article. In art. 132 of the Criminal Code, the notion “self-propelled cars” has the meaning of mechanical means of transport assimilated to tractors, intended for the execution of construction, agricultural, forestry or other activities.