These are all the news of the law proposal about the road murder, which is approaching its final phase: it is now up to the Senate to approve it definitively / Translation by Claudio Martino, AIFVS Roma / 06.11.2015
ROAD MURDER
The road murder becomes a separate crime, graduated in three variants:
it doesn’t change the penalty established today (from 2 to 7 years) in the base hypotheses, that is when the death is caused by the violation of the road’s rules.
But the penalty rises significantly in the other cases:
for, who kills a person driving while intoxicated seriously, with a blood alcohol content (BAC) over 1.5 grams per liter, or under the influence of drugs, is now in danger from 8 to 12 years in prison.
Instead, it will be punished with imprisonment from 5 to 10 years the murderer whose blood alcohol concentration exceeds 0.8 g per liter,
or has caused the accident because of particularly dangerous behaviors (speeding, driving against traffic, infractions at traffic lights, risky overtakings and U-turns).
ROAD INJURIES
Correspondingly, grip also for the traffic injuries.
The base assumption is unchanged, but the penalties are upward if the driver is drunk or drugged:
from 3 to 5 years for serious injuries and from 4 to 7 for those very serious.
If anyway he has drunken (threshold 0.8 g/l) or the incident is caused by dangerous maneuvers, the imprisonment springs from one year and six months to three years for serious injuries and from 2 to 4 years for the most serious.
HEAVY VEHICLES’ DRIVERS
The most serious charge of road murder (and injuries) is applied to truck drivers and bus drivers even with a BAC above the 0.8 g/l.
DRIVER’S GETAWAY
If the driver runs away after the accident, springs the punishment’s increase from one-third to two-thirds, and the penalty shall in no case be less than five years for the murder and three years for the injuries. Other aggravating circumstances are provided if there is the death or injuries of several people or if the driver is without a license or without insurance.
It is also established the prohibition of equivalence or prevalence of mitigating circumstances on specific aggravating circumstances. But the penalty is decreased up to half when the accident has occurred also because of the victim.
DRIVING LICENSE’S REVOCATION
In case of conviction or plea bargain (also with a suspended sentence) for traffic murder or injuries, the driving license is automatically revoked.
A new license will be attainable only after 15 (murder) or 5 years (injuries).
This term, however, is increased in the most serious cases: if, for example, the driver runs away after the road murder, he will have to wait at least 30 years after the revocation.
LIMITATION PERIOD’S DOUBLING
For the new offense of road murder, there are the doubling of the limitation period and the mandatory arrest in flagrante delicto in the worst case (“heavy” drink and drugs).
In the other cases, the arrest is optional.
The prosecutor, also, may ask just once to extend the preliminary investigations.
OBLIGATORY SURVEYS
The court may order, also ex officio, the compulsory taking of biological samples, to determine the BAC or the alteration related to the use of narcotic or psychotropic substances by the driver involved in a road accident.
In urgent cases, and if a delay could jeopardize the investigations, the compulsory taking can also be ordered by the prosecutor.
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