OBSERVAŢII PRIVITOARE LA DECIZIA NR. 11 A ÎNALTEI CURŢI DE CASAŢIE ŞI JUSTIŢIE - COMPLETUL PENTRU DEZLEGAREA UNOR CHESTIUNI DE DREPT ÎN MATERIE PENALĂ
OBSERVATIONS REGARDING DECISION NO. 11 OF THE HIGH COURT OF CASSATION AND JUSTICE - PANEL FOR RESOLVING LEGAL ISSUES IN CRIMINAL MATTERS

Summary/Abstract: Driving a vehicle under the influence of alcohol or other substances is provided for by Article 336 of the Criminal Code and consists of driving a vehicle by a person who is under the influence of alcohol or substances with psychoactive effects. Even if at first sight, the incriminating norm does not imply a particular complexity, judicial practice has highlighted a series of issues that have aroused general interest, even requiring the intervention of the High Court of Cassation and Justice in order to standardize the practice in this matter as much as possible. The problem of the existence of a single crime or a series of crimes is not often encountered in the practice of the High Court of Cassation and Justice when it comes to the interpretation of an article regarding the criminalization of a single crime that can be carried out in several ways, such as driving under the influence of alcohol or psychoactive substances. As a result, the issue identified by the court that requested clarifications highlighted major differences between the courts' perspective on this subject.

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