The two major crimes at these parties have been traffic and the crime of injury.
An accident is never anticipated, it happens. But of course, the conditions in which we drive affect.
A very important reform of the year 2019 has been the reform of the Criminal Code in the field of traffic accidents, carried out by Organic Law 2/2019. I highlight the most relevant: the person who drives a vehicle under the influence of alcohol or drugs, or with speeding, will always respond as responsible for a serious imprudence. It is irrelevant that the fault lies with the driver under those effects, the other driver, cyclist or pedestrian.
Serious imprudence always leads to criminal proceedings (in some cases, you can also go to civil liability). The penalties are as follows:
- If it kills 2 or more people: minimum penalty of 4 years in prison.
- If the accident is the fault of an imprudent action by the driver, and he runs away, he commits the crime of escape: 6 months to 4 years in prison and deprivation of the right to drive from 1 to 4 years.
- If the accident is fortuitous, and he runs away, it commits the crime of escape: 3 to 6 months in prison and deprivation of the right to drive from 6 months to 2 years.
Attention: being the prison sentence longer than 2 years, you always enter prison.
It was a very necessary reform, it is an issue that affects the safety of everyone, other drivers, cyclists or pedestrians. We must be aware and responsible with the rest of the people who share the road and with ourselves.
INJURIES I focus on the type of injuries that have appeared in the news.
What does it take to be considered a crime of injury involving imprisonment?
The injury must affect physical or mental integrity. And in addition to a first optional assistance, medical or surgical treatment is needed.
Penalty: 3 months to 3 years in prison or 6 to 12 months of fines.
What happens if medical treatment is not needed? Penalty of 1 to 3 months fine.
And if it is a stroke without injury, is it the same penalty? No, it is 1 to 2 months fine.
If weapons, life-threatening instruments or health, both physical and psychic, are used, what is the penalty? Logically, it is more punished, from 2 to 5 years in prison.