Collision between a moped and a carriage. Involuntary manslaughter. Lack of capacity as civilly liable party of the Romanian Motor Insurers’ Bureau

DREPT PENAL ŞI PROCESUAL PENAL

Abstract

The object of the criminal proceedings is the criminal liability of the defendant and the civil proceedings are carried out, under Art. 19 para. (2) of the Civil Procedure Code, against the defendant and, as the case may be, the civilly liable party. By examining the capacity as civilly liable party of the Romanian Motor Insurers' Bureau, according to the provisions of Art. 33 and Art. 2 para. 27 of Law no. 192/2017, it was rightly established that the accident resulting in the damage suffered by the civil parties was produced by the defendant, who was driving a horse-drawn carriage and who, not being subject to registration, was not required to have mandatory civil liability insurance, therefore the Romanian Motor Insurers' Bureau does not have the capacity as responsible person in relation thereof. Notwithstanding the fact that, in criminal proceedings, the civilly liable party is jointly liable only with the defendant, and not also with the victim, even if the latter is guilty for the accident, the court of first instance, by finding that, in relation to the victim, a moped driver, the Romanian Motor Insurers’ Bureau was civilly liable, also solved the claims filed by the victim’s parents to the insurer, solving a relation that exceeds the criminal procedural framework.