TRANSPORT CRIMES IN THE CONTEXT OF PROFESSIONAL NEGLIGENCE

Abstract

This report aims to reveal and examine the historical aspects of the separation of certain transport crimes from the crimes committed with professional negligence. For a long period, the doctrine had the understanding that the transport activities being a source of major danger are only an aspect of the issues regarding professional negligence. In relation to that, the crimes committed by drivers (whether these drivers were professional or unprofessional) were qualified as crimes committed with professional negligence (under art. 131 and art. 146 of the Criminal Code from 1956), while only crimes committed by transport workers and employees were qualified under the special constituent elements of the crimes under art. 333 and art. 334 of the Criminal Code from 1956. Through amendments in 1982 with the Act to Amend and Supplement the Criminal Code, the drivers are included in the scope of possible subjects of the crimes against transport and communications along with the transport workers or employees. Through these legislative changes (the adoption of the provisions of art. 342 and art. 343 of the present Criminal Code) the aimed unification in the penal responsibility of the transport workers and the unprofessional drivers of motor vehicles is achieved.