The need to administer, ever since the stage of criminal investigation, evidence with the forensic expertise on the retrospective assessment of blood alcohol content and its evidential value Cover Image

Necesitatea administrării încă din faza de urmărire penală a probei cu expertiza medico-legală privind estimarea retroactivă a alcoolemiei și valoarea probatorie a acesteia
The need to administer, ever since the stage of criminal investigation, evidence with the forensic expertise on the retrospective assessment of blood alcohol content and its evidential value

Author(s): Cristian Anghel
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: blood alcohol content; driving a vehicle under the influence of alcohol or other substances; forensic expertise; refusal or circumvention of providing biological samples;

Summary/Abstract: The author analyzes the solutions in the judicial practice regarding the establishment of blood alcohol content in the light of the Decision of the Constitutional Court of Romania no. 732/2014 relating to the offense of driving a vehicle under the influence of alcohol or other substances referred to in art. 336 par. (1) of the Criminal Code, reaching the conclusion that it is necessary to administer, ever since the stage of criminal investigation, evidence with the forensic expertise on the retrospective assessment of blood alcohol content.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 68-87
  • Page Count: 20
  • Language: Romanian