On September 15, Organic Law 11/2022, of September 13, came into force, amending the Penal Code on recklessness in driving motor vehicles or mopeds.
This regulation also modifies the Consolidated Text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety, approved by Royal Legislative Decree 6/2015.
This reform was born with the intention of giving greater protection to victims. So:
– It will be objectively considered a crime if the injuries are relevant, or death is caused and the offender commits an offense classified as serious in the Consolidated Text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety.
– The fine is reduced in the event of causing injuries of less serious recklessness requiring medical or surgical treatment that are not disabling but are relevant. The purpose is that the case is judged by the investigating judge without the intervention of a lawyer and procurator being mandatory. It will be judged by the misdemeanour procedure.
– The penalty of deprivation of the right to drive motor vehicles or mopeds will be imposed on all road safety crimes, its imposition no longer being within the powers of the judge.
-The prior complaint of the aggrieved person or his legal representative is no longer necessary if the homicide was committed due to less serious recklessness using a motor vehicle or a moped.
– The wording of the crime of abandoning the site of the accident is modified in order to eliminate the reference to article 152.2 of the Criminal Code, which excludes the requirement that the injuries must be caused by less serious recklessness.
– When a traffic accident occurs resulting in injury or death, the administrative authority must notify the judicial authority.
– The administrative authority must inform the Public Prosecutor’s Office and agree to the suspension of the proceedings in a sanctioning procedure when it considers the fact offers indications of a crime that can be prosecuted ex officio.
