Decizia nr. 78 din 28 noiembrie 2022
Decision no. 78 of November 28, 2022

Summary/Abstract: Driving a vehicle on public roads in Romania for which the law requires the possession of a driving license by a person who does not have the right to drive motor vehicles in Romania, but who holds a valid provisional driving license issued by the competent authority in Great Britain to people who want to acquire the necessary skills to drive vehicles, meets the typical elements of the crime provided by art. 335 para. (2) of the Criminal Code. Unlike the active subject of the offense provided for by art. 335 para. (1) of the Criminal Code, who does not have the necessary qualities for safe driving, because he does not have a driving license, in the case of the mitigated form provided by art. 335 para. (2) of the Criminal Code, the active subject has the training and physical and mental skills necessary to drive a vehicle on public roads, without endangering the safety of road traffic participants, certified by a valid driver's license, but does not have the right to drive vehicles on public roads in Romania because it does not meet the conditions stipulated by art. 83 of the Government Emergency Ordinance no. 195/2002. The provisions of art. 335 para. (2) of the Criminal Code do not distinguish between the provisional driving license and other categories of licenses held by persons who do not have the right to drive motor vehicles in Romania, and the lack of a correspondent in the Romanian legislation of the provisional driving license is not equivalent to its non-existence.

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