CONDAMNAREA PENTRU FAPTA DE A SE SUSTRAGE DE LA PRELEVAREA DE MOSTRE BIOLOGICE, CARE AU FOST PRELEVATE
CONVICTION FOR EVADING THE TAKING OF BIOLOGICAL SAMPLES THAT HAVE BEEN TAKEN

Summary/Abstract: In the case that is the subject of this article, the defendant was detected by traffic police workers, around 02:30, while driving his personally owned car on public roads. The test performed showed that the defendant had an alcohol concentration of 0.62 mg/l of pure alcohol in the exhaled air. At 03:10, the defendant was taken by the police to the Sibiu County Emergency Clinical Hospital in order to take biological samples. Going to the toilet, before the blood samples were taken, the defendant climbed a window and fled, traveling in a taxi to the Cristian commune, where he was detected by the traffic police and brought back to the hospital, where two samples were collected of blood at 04:45 and 05:45. In short, although the defendant initially agreed to the collection of biological samples, he left the hospital, but after an hour and a half he was recovered by the police and the two biological samples were taken from him. What will this defendant's action constitute? It will be an unpunishable attempt or a consummated deed that meets the typical elements of the crime incriminated by the Criminal Code in art. 337, thesis II? For a better understanding of the crime in the article, I explained the structure of the crime of evading the taking of biological samples, its nature, as well as the position of the judicial bodies and the defense on the case.

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