Primeras reflexiones a vuelapluma acerca del delito de abandono del lugar del accidende del artículo 382bis CP. El nuevo delito “de fuga”

Abstract

Reflections are made on the hypothetical recovery of the failing to stop offence in the field of traffic. However, in the Spanish Criminal Law there has never existed a failing to stop offence in a very real sense. What was included into Laws 9th of May 1950 and Law 122/1962 were special failure to rescue cases. The new proposed article 382 bis of the Penal Code is going to incorporate a failing to stop offence based on moral criteria such as the “intrinsic evil” of the person who leaves the one who becomes died or injured in the accident. These criteria are completely far-removed from even those legal systems, such as the German one, which historically include a failing to stop offence without a victim as an offence against the Administration which is in charge of investigating the road accident.