About the crime of traffic homicideWhat is the sadness and how much years in prison are waiting? L’Stop is it still mandatory? Introduced by law n. 41/2016 to strengthen the sanctions against those who cause the death of others by violating the rules of the highway codein addition to the basic assumption provides many aggravating that they can provide up to 18 years imprisonment. In the following paragraphs, we try to answer the most common questions about traffic homicides.

Update of January 27, 2023 with more information on the penalties for the crime of homicide while driving a vehicle.

ROAD MURDER: PENALTY, JAIL AND AGGRAVATIONS

The crime of traffic homicide it is governed by articles 589-bis and 589-ter of the Penal Code. The basic assumption states that “whoever negligently causes the death of a person by infringing the rules of road traffic is punished with imprisonment from 2 to 7 years”. Then there are the aggravatingspecifically:

• anyone who causes the death of a person while driving a motor vehicle under the influence of alcohol (blood alcohol level greater than 1.5 g/l) or under the influence of narcotics is punished with a sentence of ‘imprisonment from 8 to 12 years old. If the blood alcohol level is between 0.8 and 1.5 g/l, the prison term is 5 to 10 years (on the other hand, it remains 8 to 12 years if the driver with a blood alcohol level between between 0.8 and 1.5 g/l caused the fatal accident while carrying out the activity of transporting people or things on a professional basis).

The penalty of imprisonment from 5 to 10 years it also applies to the driver of a motor vehicle who causes the death of a person in the following cases:

• proceed in an urban center to a speed equal to or greater than twice the authorized speed and in any case not less than 70 km/h, or on extra-urban roads at a speed above at least 50 km/h than the maximum allowed;
• crossing an intersection with the Red light or in circulation against traffic;
• after inversion maneuver direction of travel near or at intersections, curves or bumps. Or next exceeding another vehicle at a crosswalk or in a continuous line.

In all the cases described so far the penalty is increased to 1/3 if the act is committed by a person without a driving license or with license suspended or revoked; or if it is committed while driving a vehicle owned by the author of the act, without mandatory insurance. At the same time, the penalty is reduced by half if the event is not the exclusive consequence of the act or omission of the offender.

Important: if the driver causes the more people died (or the death of a person and injury to one or more persons), the penalty which should be imposed for the most serious of the violations committed is increased up to three times, but the sentence cannot exceed 18 years. In addition, in the event of the driver running away, the penalty is increased from 1/3 to 2/3 and may in no case be less than 5 years.

+++ Before reading further: if you prefer, you can watch a video in which we briefly but clearly summarize the contents of this guide, explaining What are the penalties for homicide at the wheel?. +++

ROAD MURDER: WHEN SHOULD I BE ARRESTED

But whatever the punishments, arrest is expected? Since in case of traffic homicide is considered theoptional stop of the driver in all cases, even when he has stopped and provided assistance, mandatory arrest in flagrante delicto is ordered only in the presence of aggravating circumstances punishable by imprisonment from 8 to 12 years (driving under the influence of alcohol with values ​​above 1.5 g/l [da 0,8 g/l per i conducenti professionali] or under the influence of drugs). However, it must be remembered that the concept of flagrance is not rigid. Therefore, if there is an uninterrupted prolonged investigation, based on clues and testimonies, the arrest may take place later.

In detail, the precautionary measure of theoptional stop is allowed in case of minor traffic accidents and homicides. Provided that there is flagrance, that is to say in the immediacy of the fact. Or at least the “near flagrante delicto”, that is to say almost in the immediacy of the fact. It must then come out seriousness of the fact or that the subject has a particular personality. That is, they emerge heavy objects to be paid by the driver, like any known criminal record. Or the escape crime contest: for example, the getaway driver who does not help the victim, escapes, and is captured shortly afterwards by the police. Instead, for the most serious crimes of traffic accidents and homicides, if a mandatory arrest is to be triggered, no assessment is necessary.

Finally, it should be noted that beyond the certainly guilty driver, there is also the figure of thesuspicious. There is no damning evidence against him, only clues. Against him he can break the detention of a suspect in the crime, on the basis of article 384 of the Code of Criminal Procedure. So no arrest in flagrante delicto, but confinement to prevent the suspect from escaping: the Public Prosecutor rules on the basis of the evidence submitted to him.