Abstract:

Since 1990’s there has been a public reaction in Italy to demand the strengthening of the sanctions system for perpetrators of traffic accidents resulting in death and injury while under the effect of drugs and / or alcohol. The result of the reactions was primarily reflected in the enforcement. Since 2011, in cases of death or injury resulting from severe violations of the traffic rules, the subjective elements of the offense have been determined by probable intent instead of (conscious) recklessness. Finally, the Italian legislator amended the regulation of article 589bis of the Italian Penal Code in 2016 and, for the first time, vehicular homicide (omicidio stradale) was regulated as a new and independent crime. The Italian legislator, as a symbolic choice, named the offence which is committed with negligence, without including the concept of negligence in the title of the article. This amendment has brought about the discussions of dogmatic criminal law and criminal politics from the question of the determination of the subjective elements of offense to the principle of proportionality in punishment.

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