Normative aspects of the misdemeanor of reckless driving

Abstract

In the paper, the author discusses the normative aspects of the misdemeanor of violent driving from Articles 41 and 329 of the Law on Road Traffic Safety. After the introductory remarks, the legal regulations were analyzed and it was pointed out that, in the opinion of the author, the misdemeanor manifests itself in several forms. Controversial issues arising from the legal norming of misdemeanor and causing dilemmas in practice are defined. Normative aspects of misdemeanor are viewed through the theoretical institutes of unity of action, concurrence of misdemeanors and misdemeanor of extended duration. Special attention is paid to the analysis of the nature of the misdemeanor regulated by Article 41 paragraph 1, which is controversial because it is not precisely defined and leaves a possibility for different interpretations, in contrast to Article 41 paragraph 2 in which the legislator prescribed four alternative acts of execution that represent violent driving. The practical implications of situations when the perpetrator fulfills at least two of the four stipulated conditions from Article 41 paragraph 2, the relationship between the two forms of misdemeanor, as well as the conditions for the existence of a misdemeanor in an extended duration and a more serious form of misdemeanor were considered. The author also analyzed the question of the concurrence of misdemeanor violent driving and other traffic misdemeanors, defining the criteria by which an answer can be given to the question of when there is a concurrence of misdemeanors, and when there is a natural unity of action and iterative realization of the essence of the violent driving misdemeanor. Supporting the argumentation with examples from judicial practice, the author concluded that de lege ferenda the considered misdemeanor should be more precisely regulated normatively in order to avoid wandering in judicial practice.