Revisión de la delincuencia vial en el ordenamiento jurídico español tras la entrada en vigor de la lo 1/2015

Abstract

The correct prosecution of crime in the field of road safety has a great relevance in 21st century society, which is very dependent on the use of motor vehicles and scooters. The objective of this doctoral thesis is to carry out an in-depth analysis, from a multidisciplinary perspective, of this phenomenon in Spain in order to improve current legislation, with the aim of reducing traffic accidents. This research addresses the criminological aspects of traffic crime and analyzes the legal framework of road safety crimes in Spain and in comparative law. It also conducts a study of those road safety crimes which are regulated in Chapter IV of Title XVII of Book II of the Spanish Criminal Code, and of the relationship between all of these criminal offenses. Particular attention is paid to the violation of those road safety regulations which cause injury to life and physical integrity, in light of new reforms in this area, mainly the reform of the Spanish Criminal Code set forth in Ley Orgánica 1/2015, which repeals Book III of the Criminal Code, creating the new criminal offenses contained in sections 142 and 152 of the Criminal Code, and establishing a new classification of negligence (very serious, serious and minor). The most interesting novelty of the work is that it addresses the interpretation of the new classification of negligence in the field of road safety. Finally, an analysis is made of an innovative procedural institution, el proceso por aceptación de decreto of Law 41/2015, and the new system for assessing the damages caused to the victims of traffic accidents occurring in Spain from January 1, 2016, as established by Law 35/2015.