23. Infracțiunea de conducere a unui vehicul fără permis de conducere
23. The offence of driving a vehicle without a driving license

Summary/Abstract: The simple presence of the owner of the vehicle, next to the person driving the respective vehicle on public roads, without holding a driving license, it being known that he has no driving license – is not equivalent to a tacit acceptance as regards the driving of the vehicle, in the absence of any certain, unambiguous evidence of the existence of an „entrusting” within the meaning of the criminal law. The objective side of the offence into question, particularly, its material element, is represented by an action of entrusting, namely, rendering/handing over a vehicle/making available the car key and, eventually, the legal documents.

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