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Is vehicular manslaughter a crime in Italy?
Italian vehicular manslaughter is a crime governed by the Italian Criminal Code, specifically by Article 589-bis. It occurs when a driver causes the death of a person by violating road traffic regulations or maritime navigation rules. In this case, the driver is punished for negligence, since there was no intent to kill.
The penalty may be reduced if the death was not entirely the result of the defendant's action or omission.
Conversely, if vehicular manslaughter is caused by alcohol intoxication or psychophysical impairment due to the use of narcotic or psychotropic substances by the driver, the penalty will be increased (aggravating circumstances of the crime).
Further increases in penalty are also provided (under paragraph 5 of the article) for serious traffic violations, such as:
- Exceeding speed limits;
- Running a red light or driving against traffic;
- Making a U-turn near or at intersections, curves, or hills;
- Reckless overtaking.
According to paragraph 6 of the same article, an additional penalty increase applies if the offender does not have a driving license, if it has been revoked or suspended, or if the vehicle is uninsured.
With regard to vehicular manslaughter and cell phone use while driving, mobile phone use while driving, it is worth mentioning a landmark ruling.
Using a smartphone while driving cannot be considered a simple distraction; rather, it is a serious aggravating factor in fatal accidents, warranting a conviction for aggravated vehicular homicide. In this sense, a WhatsApp message can prove the state of distraction in such cases.
DUI and drug use in the crime of vehicular manslaughter in Italy
Driving under the influence of alcohol or drugs, or causing death through dangerous driving, constitutes an aggravating circumstance of the crime.
In the case of drunk driving, the penalty is determined based on the driver's blood alcohol concentration (BAC).
Specifically, Article 589-bis of the Criminal Code provides the following:
- Severe cases (paragraph II): when the driver's BAC exceeds 1.5 g/L, imprisonment ranges from 8 to 12 years.
- Less severe cases (paragraph IV): when driving under the "intermediate" influence of alcohol, with BAC between 0.81 and 1.5 g/L, imprisonment ranges from 5 to 10 years.
Both aggravated forms of vehicular manslaughter (paragraphs II and IV) provide for the mandatory precautionary measure of arrest in flagrante delicto under Article 380 of the Code of Criminal Procedure, or in "quasi-flagrante delicto." The latter occurs when the suspect is found with objects or traces clearly showing that they committed the crime immediately before.
Another aggravating factor is when the driver flees the scene after causing a fatal accident, failing to provide assistance. In this case, the penalty under Article 589-bis increases by one-third to two-thirds and cannot, in any case, be less than 5 years.
What is the maximum sentence for aggravated vehicular manslaughter?
The maximum penalty for negligent vehicular manslaughter can reach 18 years of imprisonment if the driver causes the death of multiple people, or the death of one or more persons along with injuries to others.
Italian vehicular manslaughter: How We Can Help You
The law firm Arnone & Sicomo has a dedicated criminal law department. Under the guidance of senior partner, lawyer Donatella Sicomo, the firm's criminal lawyers handle particularly complex cases daily.
We rely on expert IT consultants capable of analyzing mobile phones to determine whether the driver was using it at the time of the accident. In fact, most road accidents in Italy are caused by distracted driving due to smartphone use.
Police officers intervening at the accident scene generally seize the phone to verify whether the driver was using it. In addition, tests for alcohol and drug use are carried out.
In this context, given the complexity of Italian law, it is essential to rely on experienced criminal defense lawyers in Italy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
