Mijlocul de săvârșire a infracțiunilor prevăzute la art. 264 din Codul Penal

Abstract

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.