Punerea în circulaţie sau conducerea unui vehicul neînmatriculat. Modificări preconizate. Unele opinii critice și propuneri de Lege Ferenda
Putting into Circulation or Driving an Unregistered Vehicle. Recommended Changes. Some Critical Opinions and de Lege Ferenda Proposals

Summary/Abstract: In this paper we have examined the new changes envisaged by the legislator in the legal content of the offense of putting into circulation or driving a non-registered vehicle. We have also taken into consideration the comparative examination of the provisions of the previous laws with the ones to be accomplished, the characterization of the offense, as well as the moment of consumed and finalization of the offense. We have pointed out that the modification of the initial text promoted with the entry into force of the new Criminal Code was due to the Constitutional Court Decision no. 224/2017 through which the texts of art. 335 par. (1) have been declared unconstitutional. We have insisted that the change is to introduce in the text of incrimination and the act of putting into circulation or driving on the public roads of an agricultural or forestry tractor, vehicles which in the old text were not mentioned. The critical examination of the text of the law led to the formulation of a new de lege ferenda proposals, which consists of completing the provisions of art. 334 par. (3) with provisions according to which the act constitutes an offense only if the towing of a non-registered or unregistered trailer or a false registration number is carried out on a public road. The work continues others of this kind and is part of a university course of criminal law to be published at a publishing house recognized in Romania. Being conceived in accordance with the new regulations, the work may be useful to practitioners, academics and, in general, to natural or legal persons owning or driving vehicles on public roads.

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