Accident rutier soldat cu moartea unei persoane provocat de un conducător care anterior a consumat alcool sau droguri. Ucidere din culpă sau omor? - Acta Universitatis Sapientiae

Acta Univ. Sapientiae, Legal Studies, Special Issue (2024) 45–59

DOI: 10.47745/AUSLEG.2024.13.X.04

Abstract. Recently, in the public space and then in judicial practice, a new solution has been discussed regarding the legal qualification of the act of a person who, after consuming alcohol and/or drugs, while driving a motor vehicle, causes an accident resulting in the death of a person, in the sense that it would not be an offence of manslaughter but the offence of mur­der committed with indirect intent. In this hypothesis, the major question is raised as to the capacity of thinking, of critical judgment, of the person who consumed alcohol and/or drugs, in the sense specified by the courts, which found that these persons foresaw and accepted the possibility of an uncertain event – the road traffic accident – occurring, that these persons based their choice on possible, unconfirmed aspects and thus foresaw and accepted the possibility of an event resulting in the death of persons. In our opinion, such a person not only does not accept the possibility of such an outcome, because he or she believes (under the influence of the substances in question) that it cannot happen to him or her, but also that he or she has the skills and possibilities to avoid such an event.

Keywords: manslaughter, murder with indirect intention, consumption of alcohol and/or drugs