Post by account_disabled on Dec 28, 2023 8:00:33 GMT 3
ACriminal Code which does not criminalize the act of driving an agricultural or forestry tractor on public roads without a driving license is unconstitutional . In arguing this solution the Court held that the noncorrelation between art. para. of the Criminal Code and art. point sentence two of GEO no. determines a genuine flaw of unconstitutionality which results from the omission of the regulation in the content of art. para. of the Criminal Code of agricultural or forestry tractors as a material object of the crime of driving a vehicle on public roads without.
A driving license . Driving an agricultural or forestry tractor on public Country Email List roads by a person who does not have a drivers license presents a high social danger and affects social values protected by Government Emergency Ordinance no. which aims precisely to ensure the smooth and safe development of traffic on public roads as well as the protection of life bodily integrity and health of people area a value guaranteed by art. of the Constitution. Thus if such an act is not deterred by means of.
Criminal law there is a violation of fundamental values protected by the Criminal Code such as the rights and freedoms of citizens respect for the Constitution and the laws which are enshrined in art. paragraph and of the Basic Law among the supreme values. Also the Court held the violation of the provisions of art. of the Constitution because the legislative imprecision generates discriminations without any objective and rational motivation to justify them . It is beyond any rational and reasonable legal argument that a person who possesses a drivers license granted for a category other than agricultural or forestry tractors and who drives such a vehicle on public roads can have the capacity of being an active subject of the.
A driving license . Driving an agricultural or forestry tractor on public Country Email List roads by a person who does not have a drivers license presents a high social danger and affects social values protected by Government Emergency Ordinance no. which aims precisely to ensure the smooth and safe development of traffic on public roads as well as the protection of life bodily integrity and health of people area a value guaranteed by art. of the Constitution. Thus if such an act is not deterred by means of.
Criminal law there is a violation of fundamental values protected by the Criminal Code such as the rights and freedoms of citizens respect for the Constitution and the laws which are enshrined in art. paragraph and of the Basic Law among the supreme values. Also the Court held the violation of the provisions of art. of the Constitution because the legislative imprecision generates discriminations without any objective and rational motivation to justify them . It is beyond any rational and reasonable legal argument that a person who possesses a drivers license granted for a category other than agricultural or forestry tractors and who drives such a vehicle on public roads can have the capacity of being an active subject of the.