The Spanish Bicycle Table welcome the approval of the reform of Penal Code which will improve the protection of bicycle users and victims of road accidents.
With the approval of this reform, the impunity and the defects that came from the previous reform of the criminal code of 2015, which gave rise to interpretations that left the victims without protection, have come to an end.
The automatic and gratuitous filing of most cases ends. The files may not exist if a traffic violation has been committed and injury or death is the cause of that violation.
The judge will be forced to assess whether there is, on the part of the cause of the accident, a violation classified as serious in the law of Road safetyand if it is “determined” to cause an accident and cause injury or death, it will be considered in any case as less serious negligence if it is not classified as serious and therefore deserving of criminal punishment.
The judge must justify the existence of this decision or its non-existence in the corresponding judicial resolution, either in the indictment or in the order of confrontation. or of course in the sentence that condemns the cause of the accident or acquits him.
If there is an accident caused by gross negligence and fleeing from the scene, it can be considered the crime of fleeing in a clear manner.
It forces the State Security Bodies and Forces to teach a statement whenever there is a road accident with injuries or victims, and the obligation to refer it to the judicial authority.
Source: La Verdad
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