Understanding Traffic Crimes and Theft Laws

Crimes Against Traffic Safety

The typical behavior involves operating a motor vehicle or moped; therefore, the active subject can only be the driver. This is a personal crime, allowing for co-authorship (e.g., a driving instructor) and other forms of participation (e.g., induction of a passenger). The legal protection is traffic safety.

Driving Under the Influence

Article 379 of the Penal Code states: "Anyone who drives a motor vehicle or a moped under the influence of toxic drugs, narcotics, psychotropic substances, or alcoholic beverages."

Reckless Driving

"Anyone who drives a motor vehicle or a moped with gross negligence, placing the life or personal integrity of others in particular danger." This includes driving under the influence of alcohol with high blood-alcohol levels and excessive speed beyond legal limits.

Objective and Subjective Elements

• Objective: The action is manifested as reckless driving. This is not a crime of common danger, but a crime of specific danger to individual legal interests.
• Subjective: The conduct must be willful.

Reckless Driving with Conscious Disregard

Article 384 of the Penal Code: "Anyone who, with a conscious disregard for the lives of others, drives a motor vehicle or scooter recklessly" (often referred to as a suicide pilot).

Theft and Robbery

"Guilty of the crime of theft is anyone who, for profit, seizes movable property using force to access the location or by using violence or threats against people."

Common Elements of Robbery and Theft

• Legal Benefit: The possession or ownership of property.
• Material Object: Movable property belonging to others.
• Action: Common verbs include taking and seizing.
• Motive: The profit motive.

Burglary and Use of Force

Force against objects must be used as a means to access the location where the item is kept. If force is used after the fact, it is classified as larceny, not robbery.

Circumstances of Burglary (Art. 238 CP)

1. Scaling: Entering via climbing.
2. Breaking: Breaking walls, ceilings, floors, doors, or windows to gain access.
3. Fracture: Breaking cupboards, chests, or sealed furniture to steal contents, whether on-site or elsewhere.
4. Use of False Keys: Includes:
   • Picks or similar instruments.
   • Legitimate keys lost by the owner or obtained through criminal means.
   • Any key other than those intended by the owner to open the lock.
   • Key cards, magnetic or punched cards, and remote opening controls.