The 14th September 2022 Official State Gazette published the Organic Law 11/2022, of 13 September, modifying the regulation of the imprudence while driving of motor vehicles on the Criminal Code, which affects:
- To art. 142.2 CC (Homicide by less serious negligence):
- Introduce the concept of less serious imprudence: shall be considered that which has not been classified as serious and which has consisted of a serious infringement of a traffic regulation resulting in death.
- The penalty of deprivation of the right to drive becomes mandatory.
- To art. 152.2 CC (Injuries due to less serious negligence):
- It includes the injuries of art. 147 CC (basic crime) imposing a fine of 1 to 2 months (minor offence), together with those of arts. 149 CC (loss or disablement of a principal organ or member, or of a sense, impotence, sterility, serious deformity, or serious somatic or psychic illness) and 150 CC (loss or disablement of a non-principal organ or member, or deformity).
- As in the case of the result of death, less serious imprudence shall be considered if it does not qualify as serious and consists of a serious infringement of a traffic regulation resulting in relevant injuries.
- The penalty of deprivation of the right to drive becomes mandatory.
- To art. 382.1 bis CC (Abandonment of the scene of the accident): The law is improved, clearly including the criminal offence of abandonment in cases in which death or injury has been caused under arts. 147.1, 149 and 150 CC.
The above amendments will enter into force the 15th September 2022.