The existence of the typical elements of the offence referred to in Article 334(4) of the Criminal Code in the case of driving on public roads a vehicle registered in another State which does not have the right to be present in traffic in Romania

DREPT PENAL ŞI DREPT PROCESUAL PENAL

Abstract

The criminal law does not provide for the act of the defendant, who drove on the territory of Romania on 05 January 2018 the car registered in the Republic of Italy, which did not have a valid civil liability insurance for damages caused to third parties, but this act takes the legal form of a misdemeanor in view of the considerations of the Decision no. 15/HP/2019 pronounced by the High Court of Cassation and Justice, as well as of the Constitutional Court Decisions no. 537/2016 and no. 406/2017.

The provisions of Article 334 para. (4) of the Criminal Code have been subject to constitutionality review by way of unconstitutionality exceptions resolved by Decision No 537/2016 and Decision No 406/2017.

These provisions are constitutional only in the interpretation given by the Constitutional Court, which does not place within the scope of criminal regulation the act of conduct of violating the obligation of motor third party liability insurance, being guaranteed the principle of legality of incrimination, the predictability of the incriminating rule provided for in Article 334 para. (4) of the Criminal Code and the principle of equal rights.