Reckless Driving: Crime of Manifest Contempt for Life

Article 381.1 of the Criminal Code punishes any person who, with manifest disregard for the lives of others, engages in the conduct described in Article 380 of the same code, that is, driving a motor vehicle or moped with manifest recklessness.

What do we mean by reckless driving?

According to the Supreme Court, reckless conduct involves a blatant and abnormal disregard for traffic regulations, clearly discernible by an average citizen (STS 363/2014). Recklessness, to constitute a crime, must be patent, clear, and obvious.

What is the difference between the crime under Article 380 and Article 381 of the Criminal Code?

The issue to be specified for the application of this crime, and not the crime of reckless driving under article 380 of the Penal Code, is to determine when there is manifest disregard for the lives of others , an element required by the crime and which must be proven in order to be criminally responsible for this crime.

According to the jurisprudence of our Courts, manifest disregard for the lives of others constitutes not only a state of indifference to the potential harm of others, but also the commission of extremely dangerous conduct. Therefore, legal doctrine often refers to this offense as suicidal driving or homicidal driving.

In short, this crime is applicable when the perpetrator carries out the conduct described in Article 380 of the Penal Code (manifestly reckless driving), but with an additional and indispensable element: the driver must realize the high probability that his or her behavior will cause an accident and, despite this, continue with his or her actions.

In this sense, the crime described in Article 381 of the Penal Code is an aggravated form of reckless driving and, consequently, is punishable by a heavier penalty. It is a crime that was initially created to prosecute specific behaviors that, at a given time, caused particular social alarm, the so-called “suicidal drivers.”

In what cases has the crime against road safety, as provided for in Article 381 of the Penal Code, been established?

This crime has been applied in cases of driving vehicles in the wrong direction, at a speed exceeding the permitted speed, on highways with heavy traffic, forcing several vehicles to avoid the reckless driver who, through his conduct, represents and admits the possibility of threatening the life or integrity of persons (STS 1464/2005).

This crime has also been found in cases involving driving a vehicle at high speed in a parking lot with the lights off, running over several people (STS No. 8/2011).

What penalty is imposed for the commission of the crime of manifest contempt?

The applicable penalty varies depending on whether the life or safety of persons has been specifically endangered, that is, whether specific road users, or third parties, have been identified in the specific case as being at risk of injury or death. If so, the offenses are punishable by prison sentences of two to five years , a fine of twelve to twenty-four months, and deprivation of the right to drive motor vehicles and mopeds for a period of six to ten years .

On the other hand, if the conduct has only posed an abstract danger to the life or integrity of people in general, but no one in particular is identified, the prison sentence and the fine to be imposed are significantly less: imprisonment of one to two years and a fine of six to twelve months .

However, the duration of the penalty of deprivation of the right to drive motor vehicles and mopeds remains the same, for a period of six to ten years .

What happens if, as a result of committing this crime, other drivers or pedestrians are killed or injured?

As with the crime of reckless driving under Article 380 of the Criminal Code and the crime of speeding or driving under the influence of alcohol or drugs under Article 379 of the Criminal Code, in cases where, in addition to the risk to life or safety of persons, a harmful result occurs (for example, the death of a person), we are faced with a combination of crimes.

However, as provided for in Article 382 of the Criminal Code, the judge will only apply the most serious crime, imposing the corresponding penalty in its upper half.

Furthermore, in these cases, the Court will always order the perpetrator to pay the civil liability arising from the crime (for example, by requiring him to pay compensation to the victim for the injuries caused).