The new against the road safety: A simple of the criminal law administration

Abstract

This article examines in a detailed way the in force regulation relative to the administrative sanction of the conduction under the effects of the alcohol, spreading also to the punishable conduct consisting of refusing to submit to the blood alcohol level test. This analysis is done bearing in mind very the doctrine of the Constitutional Court on these administrative types and especially in his penal manifestation, and that of the ordinary Jurisdiction especially on the way of proceeding in the practice of the blood alcohol level test. This thesis is that the recent legal reform of 2009 of the Road Security Law and before in 2007 of the Penal Code has tried to clarify and to define with a relative success and success the scopes administrative sanctioning and penal that until the date fell on the same conducts (to lead under the alcohol effects and to refuse to be put under blood alcohol level test), and that they had the effects to reduce the administrative sanctioning file to previous diligence of the penal procedure. The maintenance of the generic type of danger in the Penal Code and the administrative and at the same time penal sanction of the refusal crime to be put under blood level test they have frustrated the pretension that the Sanctioning Administrative Law acquired the anatomy and relevance wished with the reform.