THE CRIME UNDER ART. 343B, PAR. 3 OF THE CRIMINAL CODE THROUGH THE PRISM OF THE IMPERATIVE REQUIREMENT THAT THE USE OF NARCOTIC SUBSTANCES BE “ESTABLISHED IN A LAWFUL MANNER”

Abstract

The act constituting the offense under Article 343b, paragraph 3, of the Criminal Code consists of driving a motor vehicle after using narcotic substances or their analogues, established in a lawful manner. The offense is a violation in itself, and for it to be addressed, it is sufficient, from an objective point of view, that the act be committed, without the need for a specific harmful result to occur. For the elements of the offense under Article 343b, paragraph 3 of the Criminal Code to be met, in addition to the act of driving a motor vehicle, the law requires that another constituent element be fulfilled, namely that the driving of the motor vehicle be carried out after the use of narcotic substances or their analogues. The method of establishing this circumstance in a lawful manner is also the main point of contention of this article.