Conducerea unui vehicul sub influența substanțelor psihoactive. Efectele Deciziei 25/2025 a Înaltei Curți de Casație și Justiție
Driving a vehicle under the influence of psychoactive substances. The effects of the Decision 25/2025 of the High Court of Cassation and Justice

Summary/Abstract: With regard to driving a vehicle under the influence of psychoactive substances, the Panel for the Resolution of Legal Issues in Criminal Matters of the High Court of Cassation and Justice issued Decision 25/2025, establishing that, for the offense to exist, it is necessary to establish both the presence of the psychoactive substance in biological samples and its ability to impair the perpetrator's driving ability. Not only does the decision fail to offer prospects for the unification of judicial practice, which, incidentally, was not divergent, but it also introduces a great deal of confusion into the process of interpreting and applying the law, leading to a heterogeneous practice that lacks predictability, since in its considerations, in order to establish the conditions of typicality, it refers to an objective criterion—exceeding the cut-off limits—a concept to which it does not, however, attribute any concrete content, and in the operative part it refers to the ability of the psychoactive substance to impair the perpetrator's ability to drive, a subjective criterion. The decision also raises issues of unconstitutionality, as well as issues related to exceeding the role of the courts in the context of the balance of powers in the state.

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