The Crime of Road Personal Injury: Regulatory Framework and Implications
Involvement in a road accident that results in serious injuries represents a critical moment, both for the driver and for the victim. The introduction of Article 590-bis into the Italian Penal Code has significantly increased the penalties for injuries caused by road traffic, making the support of a competent criminal lawyer essential. The legislation distinguishes between serious injuries, which involve an illness or an inability to attend to ordinary occupations for more than 40 days, and very serious injuries, which imply permanent damage or the loss of a sense or organ. As a lawyer with expertise in criminal law in Milan, Avv. Marco Bianucci understands the delicacy of these situations, where personal freedom and professional future can be at risk.
The law provides for severe penalties, especially if the act is committed while intoxicated or under the influence of narcotic substances, or in cases of specific violations of the Highway Code such as speeding or running a red light. It is important to note that for serious and very serious injuries, criminal proceedings are often initiated automatically, regardless of the victim's willingness to file a complaint. This automaticity makes timely legal intervention essential to analyze the dynamics of the accident and assess responsibilities.
The Bianucci Law Firm's Approach to Defense in Road Traffic Offenses
Avv. Marco Bianucci, a lawyer specializing in criminal law in Milan, handles cases of road injuries under Article 590-bis with a rigorous and analytical method. Technical defense in this area cannot ignore a scientific reconstruction of the event. The Bianucci Law Firm collaborates with trusted technical consultants for the kinematic analysis of the accident, which is crucial for determining the actual speed of the vehicles, their trajectories, and any contributory negligence on the part of the victim. This technical approach is vital both for the defense of the accused, in order to reduce the charges or demonstrate the absence of responsibility, and for the protection of the victim who intends to file a civil claim.
When defending the accused, the defense strategy aims to verify the correctness of the charges, the validity of the alcohol or drug tests, and the existence of mitigating circumstances. Avv. Marco Bianucci also carefully evaluates the opportunity to access alternative proceedings, such as plea bargaining or probation, which can offer benefits in terms of reduced penalties and, in some cases, the extinction of the crime in exchange for community service and compensation for damages. When the firm assists the victim, the goal is to ensure that the severity of the injuries is correctly recognized in court, laying a solid foundation for fair compensation for physical and moral damages suffered.
Frequently Asked Questions
What is the difference between serious and very serious injuries in road traffic offenses?
The distinction is medical and legal. Injuries are considered serious if the prognosis exceeds 40 days or if the act endangers the victim's life. They are defined as very serious if they cause an illness that is certainly or probably incurable, the loss of a sense, a limb, or a severe permanent deformity. This classification significantly impacts the severity of the penalty provided by the penal code.
What happens to the driving license in case of an investigation for Article 590-bis?
In cases of serious or very serious road injuries, the enforcing authority almost always proceeds with the immediate seizure of the driving license. Subsequently, the Prefect orders the provisional suspension of the license for a period that varies based on the severity of the injuries and the violations committed. In case of a final conviction, the revocation of the license may be ordered, preventing the obtainment of a new driving permit for several years.
If I am a victim of the accident, how can I obtain compensation?
The victim of road injuries can obtain compensation by constituting themselves as a civil party within the criminal proceedings against the responsible party. In this way, Avv. Marco Bianucci can act to assert the client's compensation claims directly before the criminal judge, requesting the conviction of the defendant and the civilly liable party (the insurance company) for the payment of biological, moral, and material damages.
Is the crime of road personal injury prosecuted ex officio?
Yes, following legislative reforms, serious and very serious road injuries are prosecuted ex officio. This means that the judicial authority initiates investigations and criminal proceedings even if the victim does not file a complaint or decides to withdraw it after being compensated. However, compensation for damages remains fundamental for obtaining mitigating circumstances or accessing preferential proceedings.
Request a Case Evaluation in Milan
Facing criminal proceedings for road injuries requires expertise and clarity. Whether you are an accused or a victim, Avv. Marco Bianucci is available to examine the details of the accident and define the most appropriate defense strategy. Contact the Bianucci Law Firm at via Alberto da Giussano 26 in Milan to schedule a confidential consultation and understand how to best protect your rights.