Post by suklaranilll on Mar 11, 2024 2:22:38 GMT -5
Came into force, introducing modifications to the Penal Code (hereinafter CP) in relation to reckless behavior resulting in death or injury. as well as three new articles : two of them classifying new aggravated types, and the third creating the crime "of abandoning the scene of the accident ." The reckless behaviors that are punished are those of serious recklessness and those of less serious recklessness ; distinguishing, for penalty purposes, the causing of death or injuries. Serious negligence resulting in death (reckless manslaughter) Penal Code Modification 2019Typified in section 1 of article 142 of the CP, the reform includes a reference to the factual cases in which recklessness will be considered serious in the following cases.
Driving under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. Driving with a breath alcohol level greater than 0.60 milligrams per liter (1.2 grams per liter of blood). Driving at a speed greater than 60 kilometers per hour on urban roads than permitted. Driving at a speed C Level Contact List greater than 80 kilometers per hour on interurban roads than permitted. The new article 142 bis creates an aggravated type of serious reckless homicide ; allowing the sentence to be increased by one or two degrees, depending on specific circumstances: Penalty higher by one degree.
Act of notorious seriousness, in response to (cumulative circumstances): Singular entity and relevance of the risk created Regulatory duty of care breached Causing the death of two or more people, or the death of one and injuries to the other victims consisting of: Loss or uselessness of a main or non-main organ or limb, or its deformity. Loss or uselessness of a sense. Impotence. Sterility. Serious deformity. Serious somatic or psychological illness. Higher penalty in two degrees : Very high number of deaths. Serious recklessness resulting in injuries.
Driving under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages. Driving with a breath alcohol level greater than 0.60 milligrams per liter (1.2 grams per liter of blood). Driving at a speed greater than 60 kilometers per hour on urban roads than permitted. Driving at a speed C Level Contact List greater than 80 kilometers per hour on interurban roads than permitted. The new article 142 bis creates an aggravated type of serious reckless homicide ; allowing the sentence to be increased by one or two degrees, depending on specific circumstances: Penalty higher by one degree.
Act of notorious seriousness, in response to (cumulative circumstances): Singular entity and relevance of the risk created Regulatory duty of care breached Causing the death of two or more people, or the death of one and injuries to the other victims consisting of: Loss or uselessness of a main or non-main organ or limb, or its deformity. Loss or uselessness of a sense. Impotence. Sterility. Serious deformity. Serious somatic or psychological illness. Higher penalty in two degrees : Very high number of deaths. Serious recklessness resulting in injuries.