Section of the Penal Code In the event that there are several

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Deceased and the seriousness of the punishable act is greater, taking into account the circumstances of the case, the Judge or Court may impose a higher sentence in a reasoned manner . This is the hyper-aggravated subtype of recklessness in article 142 bis of the Penal Code. In the cases provided for in number 1 of the previous article, the Judge or Court may impose a higher penalty in one degree, to the extent that it deems appropriate, if the fact is notoriously serious, taking into account the singular entity and relevance of the risk. created and the normative duty of care infringed, and has caused the death of two or more people or the death of one and injuries constituting a crime of article 152.1.2.º or 3.º in the others, and in two degrees if the number of deaths was very high. Article 142 bis of the Penal Code Less serious reckless homicide The risks posed by the author's omission or reckless conduct are of lower risk.

This subtype also includes those that cause death through the use of firearms or motor vehicles or mopeds. 2. Anyone who causes the death of another through less serious negligence will be punished with a fine of three months to eighteen months. If the homicide was committed using a motor vehicle or a moped, the penalty of deprivation of the right to drive motor vehicles and mopeds for three to eighteen months will also be DM Databases imposed. In any case, less serious imprudence will be considered to be that which is not classified as serious in which the commission of any of the serious infractions of traffic regulations, circulation of motor vehicles and road safety has been decisive for the occurrence of the event. The assessment of whether or not the determination exists must be assessed in a reasoned resolution. If the homicide was committed using a firearm, the penalty of deprivation of the right to carry or possess weapons for a period of three to eighteen months may also be imposed.



Except in cases where it occurs using a motor vehicle or a moped, the crime provided for in this section will only be prosecutable through a complaint from the aggrieved person or their legal representative. Section 142.2 of the Criminal Code The criteria to determine the greater or lesser severity of the crime of reckless homicide are verification of: Failure to adopt the most basic precautionary measures for life, such as, for example, traveling at excess speed on public avenues. The omission of due care as normally established socially. This crime can only be prosecuted through a complaint by the injured party . However, after the reform of the Penal Code carried out by Organic Law 11/2022, of September 13, modifying the Penal Code regarding reckless driving of motor vehicles or mopeds , when death is caused using vehicles motor or moped the report will not be necessary, it is a public crime . This same law has included another important novelty regarding homicide due to less serious recklessness using a motor vehicle or moped.