Liability of the Public Road Manager Who Manages County Roads Sectors Located within Built Urban Areas, under Provisions of Government Ordinance No. 43/1997 on Roads Conditions, Republished and Updated

By Zaharia, Aurel | Contemporary Readings in Law and Social Justice, July 1, 2012 | Go to article overview

Liability of the Public Road Manager Who Manages County Roads Sectors Located within Built Urban Areas, under Provisions of Government Ordinance No. 43/1997 on Roads Conditions, Republished and Updated


Zaharia, Aurel, Contemporary Readings in Law and Social Justice


ABSTRACT. The present paper studies the liability of public manager who manages county roads sectors located within built urban areas, under provisions of Government Ordinance no. 43/1997 on roads conditions, republished and updated from both historical and modern points of view.

Keywords: road manager, public road, road crimes

1. The Criminal Code and offenses under special laws

The Criminal Code is the only criminal law of Romania, meaning the only law containing criminal provisions, thus representing the general criminal law of our system of law. It includes both general rules on criminal liability and the description of the main offenses charged and punished by law. The Criminal Code has never included all criminal provisions in force in our country. Such a solution would have not been at all viable for several reasons. First of all, including all criminal provisions of special laws, very numerous, in a single law would have led to the development of a very big and hard to handle Criminal Code. Secondly, many criminal provisions of special laws are subject to more frequent changes, which would have required changing the entire code every time. However, the frequent modification of a work of this scale (for example, text numbers, putting them into chapters, sections, etc.) would have been extremely cumbersome and would have slowed the good knowledge and application of criminal law. Finally, another argument is that not all criminal provisions are important and have equal incidence in the objective reality.

Therefore, the solution of including all criminal provisions in a single legislative work has not been adopted; this orientation is targeting all modern legal systems. However, the Criminal Code remains the only criminal law; the other special laws are of non-criminal nature, which means that they contain not only criminal provisions, but rather, as a rule, they contain non-criminal provisions, and only as exception, some criminal regulations.

Most criminal provisions of special laws rarely include exceptions to the general part. Derogations concern especially the special part, special laws stipulating other incriminations than those contained in the Criminal Code. Those provisions which only remember that the non-compliance with provisions of special law, if it represents an offense, shall be punished under the Criminal Code, will not have a criminal character because such provision could have been missing since the Criminal Code is criminal law with general enforcement whenever the special law provides otherwise. However, those provisions of non-criminal special laws which, after describing the offense charged, refer to the limits of punishment under the Code, for a certain offense, will have a criminal character. And that because the special law provides a new crime, distinct, except that, for reasons of legislative technique, in order not to be repeated, the legislator refers to another law on a particular issue (which may be another, not just the punishment). So, the Criminal Code and the special non-criminal laws containing criminal provisions are not contradictory, but complementary.

2. History of the road legislation in Romania

The first regulations on road traffic appeared in Romania two centuries ago. On March 30, 1968, the Law for roads appears, containing a road division into categories and information on their construction and maintenance. The law provided the regulation of traffic by the police. At the end of February 1886, two regulations appeared: a Regulation on cabs and their circulation in Focsani and a Regulation on the traffic on streets and sidewalks. In the late nineteenth century, as the written press stated, the public traffic in Bucharest had much increased: cabs in speed were going through the streets in all directions. To reduce the implicit risk of accidents, prefects would often send out circulars by which cabmen were forced to move in the city "in horses trot" and "street sergeants" had to stop and arrest any offender. …

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