Unconstitutionality of Legal Rules on Biological Sampling of Drivers

Unconstitutionality of Legal Rules on Biological Sampling of Drivers | Gabriela NEMTOI

Abstract: Objectives: The aim of this study is the evaluation of the legal framework that defines biological sampling of drivers. It was considered that lately legislative changes of Criminal Code and implementation of its methodological norms are in a contradictory position with judicial practice of Constitutional Court decisions. Materials and Methods: The study includes a series of Constitutional Court decisions that are motivated and successively constitutes a confirmation of the lack of clarity on the issue of legislative texts on biological sampling of drivers. Constitutional Court decisions are presented in comparison in order to identify key changes, they were imposed to setting time sampling of blood alcohol driver while intoxicated and final stage with the connection to the crime which represents the legal classification and type of sanction. Results: Application of comparative method has shown that biological sampling of drivers suggests two situations First, decriminalizing crime by lack of constituents and the second most favourable criminal law enforcement. Conclusions: This opinion is intended as a signal of question that lawyers and forensic experts should and put it in the correct measurement expertise aimed alcohol test for drivers. 

Keywords: comparative method, decriminalization norm, alcohol test, sampling biological law unconstitutional.

DOI: http://dx.doi.org/10.18662/lumenlaw.2015.0401.02

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