1. Typical and unlawful act against the safety of traffic on the public roads. The impossibility to confiscate the vehicle 2. Typical and unlawful act for which by the indictment act, the prosecution was ceased. Confiscation. Competence and procedure

Abstract

1. In the event of a typical and unlawful act directed against the safety of traffic on public roads, the vehicle driven by the active subject cannot be confiscated under art. 112 paragraph 1 letter b C. pen.

2. If the confiscation is ordered through the indictment by the cessation of the prosecution for a typical and unlawful act, the competence to take the security measure belongs to the preliminary chamber judge, not to the court seized with the indictment and the applicable procedure is the special confiscation in the case of cessation, not that of common law, in which the trial starts as normal.