INFRACTIONS AGAINST THE TRAFFIC SAFETY ON THE RAILWAYS ACCORDING TO THE REGULATIONS OF THE NEW PENAL CODE
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Authors:
• Mihai Adrian HOTCA, email: mihaihotca@gmail.com, Afiliation: Professor, Ph.D. Dean of the Faculty of Law, „Nicolae Titulescu” University, Bucharest -
Keywords: new Penal code, traffic safety on the railways, work duties, railway accident, jeopardy
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Abstract:
According to the new Penal code, the infractions against the safety on the railways are regulated in art. 329-332.The new regulation brought certain changes to the existing legal provisions among which we point out two. The first common change with regard to the uncarrying out of the work duties or their defective carrying out, leaving of the post and the presence at work under the influence of alcohol or other substances, destruction or false signaling was the removal of the aggravation element consisting in the causing of a railway catastrophe. Considering this change, it is to be applied the rules of the concurrence of infractions among these deeds being also those against the person or the property, if appropriate. Another common change consists in the transformation of the immediate consequence to the infractions stipulated by art. 329-332 into a „result” consequence; the syntagms „jeopardizing” and „ jeopardy is created”.