After a long journey in Parliament, vehicular homicide is law. The Senate approved the bill on Wednesday, in which the government had placed its trust, with 149 votes in favor, 3 against and 15 abstentions. The one that was fired is the same text that had been approved by the Chamber in the session of 21 January 2016, with the acceptance of an amendment that excludes the arrest in flagrante delicto for the perpetrator of an accident resulting in the crime of culpable bodily harm if the driver stops, assists and makes himself available to the authorities.
The law therefore inserts the crime of vehicular homicide in the penal code (article 589-bis) through which the driver of motor vehicles is punished, by way of negligence, with imprisonment (of varying amounts depending on the degree of the offence) whose imprudent conduct is the cause of the fatal event.
The generic case of manslaughter committed in violation of road traffic regulations is confirmed (the penalty remains imprisonment from 2 to 7 years), but manslaughter by road is punished with imprisonment from 8 to 12 years motor vehicle in a state of severe alcoholic intoxication (BAC higher than 1,5 grams per litre) or psycho-physical impairment resulting from the assumption of narcotic or psychotropic substances.
In the case of professional drivers, for the application of the same penalty it is sufficient to be in a state of average alcohol intoxication (BAC between 0,8 and 1,5 grams per litre). On the other hand, the culpable road homicide committed by drivers of a motor vehicle in a state of medium alcohol intoxication, perpetrators of specific behaviors characterized by imprudence, is punished with the penalty of imprisonment from 5 to 10 years: exceeding speed limits, crossing intersections with red lights; contraflow traffic; U-turn near or at intersections, bends or speed bumps; risky overtaking.
The penalty is reduced by up to half when the vehicular homicide, although caused by the aforementioned imprudent conduct, is not the exclusive consequence of the act (or omission) of the perpetrator. On the other hand, the penalty is increased if the perpetrator has not obtained a driving license (or has a suspended or revoked driving license) or has not insured his or her motor vehicle. An increase in the penalty is also foreseen in the event that the driver causes the death of several people or the death of one or more people and the injuries of one or more people.
Here too the penalty that should be inflicted for the most serious of the violations committed, increased by up to three times, is applied; however, the maximum sentence limit is set at 18 years (the current maximum limit is 15 years). Finally, a specific aggravating circumstance is established in the event that the driver, responsible for a manslaughter by road, has fled. In this case, the penalty is increased by one third to two thirds and cannot, in any case, be less than 5 years.
