El peligro como elemento vertebrador de los delitos contra la seguridad vial

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Publication date
2019
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08-07-2019
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Abstract
The purpose of this thesis is to study the element of danger as the backbone of some crimes against road safety, specifically those included in articles 379 to 382 of Chapter IV of Title XVII of the Criminal Code, which is also a differential part of the crimes administrative actions included in articles 75 and following of RDL 6/2015. Crimes against road safety can be defined as the set of infractions, characterized by the creation a risk for the legal goods of a double typology, diffuse and individual. The first of the dangers that seek to infringe is injury to road safety - formerly called traffic safety - to our judgment referential intermediate value.That is why the second risk that is to be prevented with this kind of criminal offenses is the injury to the legal interests of life and integrity of human beings, typifying behaviors that, for the most part, represent the anticipation of criminal protection barriers. Precisely this personal substrate is what gives specific material unlawfulness to the crimes object of our reflection: road traffic is a dangerous activity per se and here the criminal legislator tries to control the source of risk in the interest of the importance of protected objects, when there are excesses that exceed the risk framework socially permitted.The general objectives of the present exhibition are two. On the one hand, study the element of danger in relation to crimes driving at a speed higher than that allowed, driving under the influence of alcoholic beverages or drugs, reckless driving and homicidal-suicidal driving. The second purpose generically pursued, would be to delve into the demarcation between crimes against road safety and the administrative sanctions of RDL 6/2015, enhancing the content itself of material unlawfulness of the criminal offenses, by linking it to the projected danger of road safety, life and integrity of people, an aspect that would be absent in the administrative illicit. Regarding the specific objectives, one of them would be to check if there has not been a profuse administrativization in the field that occupies us. Some of the behaviors now analyzed - typical driving speed or with a typical rate- they were preliminarily related to the administrative sphere, but have ended crystallized in the CP, in an undoubted sample of anticipation of criminal protection barriers.Another challenge is to check whether the so-called personal mobility vehicles, they can be the optimal substrate for the commission of crimes. Special mention must be made of the so-called autopilot vehicles, gadgets whose generalization is lower in Spain. All this from the epicenter of the element of danger as a characteristic of crimes against road safety and distinctive of administrative infractions.
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