Law firm specializing in reckless driving in Barcelona
Article 381.1 of the Criminal Code punishes anyone who, with manifest disregard for the lives of others, engages in the conduct described in Article 380 of the same code, i.e., reckless driving, with imprisonment 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.
The issue to be determined for the application of this crime, and not the crime of reckless driving under article 380 of the Criminal Code, is to determine when there is manifest disregard for the lives of others, an element required by the criminal offense and whose accreditation is necessary to be criminally responsible for this crime.
According to jurisprudence, manifest disregard for the lives of others involves not only a state of indifference to the potential harm of others, but also the commission of extremely dangerous conduct. Legal doctrine often refers to this offense as suicidal driving or homicidal driving.
This type of crime has been used in cases of driving in the wrong direction, at a speed exceeding the permitted speed limit, on busy highways, forcing several vehicles to avoid the reckless driver who, through his conduct, represents and admits the possibility of endangering the life or safety of others.