Noțiunea „Mijloc de transport” în sensul art. 132 din Codul Penal

Abstract

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.