The news crimes againts the road safety: a sample of the administration of the criminal law
DOI:
https://doi.org/10.24965/da.v0i284-285.9660Keywords:
Dangerousness, security, harm principle, formal offenceAbstract
Traditionally, the road traffic offences are considered as dangerousness offences. Nevertheless, with the last criminal law reform in this area the legislator mover away from the dangerousness offences to get closer to more formal offences. In this way, the Criminal Law is coming closer so the sanctioning Administrative Law system, forgetting the relevance of some traditional principles in Ius puniendi like the harm principle. The offence of driving at an excessive speed (art. 379.1 CP) and the offence of driving without driving license (art. 384 CP) are two examples of this new Criminal Law orientation.