Secţiunea II. Drept penal şi drept procesual penal Infracţiunea prevăzută de art. 336 din Codul penal privind conducerea unui vehicul sub influenţa alcoolului sau a altor substanţe
Section II. Criminal and Criminal Procedural Law The Offence under Article 336 of the Criminal Code: Driving a Vehicle under the Influence of Alcohol or Other Substances

Summary/Abstract: The offense of driving a vehicle under the influence of alcoholic beverages or psychoactive substances was regulated in the Criminal Code adopted by Law no. 286/2009 in a modified form compared to the same offense previously regulated by Emergency Government Ordinance No. 195/2002, providing for another moment with criminal significance regarding driving under the influence of alcohol or other substances, namely, the moment of detection of the driver in traffic. This new legislative option generated several problems in the interpretation and uniform application of the law, which made it necessary to pronounce several decisions by the Constitutional Court of Romania and the High Court of Cassation and Justice. The main issue that still raises discussions at this time is that of the means of evidence necessary to be administered in order to establish the blood alcohol level. Regarding the assimilated crime of driving a vehicle under the influence of psychoactive substances, the High Court decisively interpreted the notion of being under the influence of psychoactive substances, putting an end to long standing controversies on this issue.

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