warningPractice Area
Reckless Injuries
Defense in accidents and negligence (Art. 152 CP). When damage is not intentional, but criminally relevant.
The Accident as a Crime: The Penal Boundary
Not every bodily harm is a crime. The Criminal Code only intervenes when damage is caused by serious recklessness or less serious recklessness. Minor recklessness has been decriminalized and is claimed exclusively via civil proceedings.
This category mainly includes:
- Traffic Accidents: Driving under influence of alcohol, drugs, or reckless speeding.
- Medical Negligence: Diagnostic or treatment errors infringing "Lex Artis".
- Workplace Accidents: Lack of mandatory safety measures by the employer.
- Injuries by Animals: Attacks by dangerous dogs without muzzle or control.
Defense Strategy: Downgrading Guilt
Our goal is to demonstrate that the conduct was not "serious recklessness" (crime with prison sentence), but "minor recklessness" (civil matter). For this we use:
- engineeringAccident Reconstruction Experts.
- medical_servicesMedical Experts to assess causal link.
- gavelJurisprudence on permitted risks.
- person_alertExclusive or concurrent fault of the victim.
warning
Why Alonso & Sala for Reckless Injuries?
Specialized accident defense. Strategy downgrade serious to minor (civil) + concurrent fault.
- engineeringReconstructive expertise: accident experts prove NOT absence of elementary care (permitted risk).
- engineeringDowngrade to minor: minor recklessness decriminalized (civil) vs. serious (prison) + less serious (fine).
- engineeringConcurrent fault: victim contributed to accident (worker without helmet) = reduces liability.
- engineeringLex artis defense: medical negligence (medical experts: protocol followed = no recklessness).
quiz
FAQs
What is recklessness in criminal law?expand_more
It is causing harm without intent (dolus), but due to infringing a duty of care. That is, due to negligence, distraction, or lack of skill. It is only a crime if the recklessness is 'serious' or 'less serious'. Minor is civil.
Is a traffic accident with injuries a crime?expand_more
If the driver committed a serious infraction (alcohol, excessive speed, skipping a stop sign) and caused relevant injuries, it is a crime of reckless injury (Art. 152 CP). If it was a minor distraction, it is a civil insurance matter.
What is criminal medical negligence?expand_more
When a doctor causes injury or death by deviating from the 'lex artis' (medical protocols). To be a crime, the error must be gross or inexplicable. Most medical errors are resolved in civil or contentious proceedings (compensation), reserving criminal for extreme cases.
Is the employer liable if a worker is injured?expand_more
Yes, if they did not provide mandatory safety measures (helmets, harnesses, training). They are charged with reckless injury in concurrence with a crime against workers' safety. The penalty can be prison.
If I run over someone accidentally, do I go to jail?expand_more
If it was serious recklessness (e.g., looking at mobile, drunk), yes, the penalty is prison. If it was less serious, it's a fine. If it was the pedestrian's fault (they burst in), you are acquitted.
What is concurrent fault?expand_more
When the victim also contributed to the accident (e.g., the worker didn't wear the provided helmet). This doesn't always acquit the employer/driver, but reduces compensation and can downgrade recklessness to less serious.
Do I need a complaint from the victim?expand_more
For 'less serious' reckless injuries, yes, a prior complaint from the offended party is necessary (1 year limit). For 'serious' recklessness, the prosecutor can act ex officio even if victim doesn't want to.
Does insurance pay compensation?expand_more
Yes, the insurer is directly or subsidiarily civilly liable. However, in cases of drunk driving or intent, the insurer will pay the victim but then exercise the right of recovery against you (charging you everything).
What if my 'dangerous' dog bites someone?expand_more
If it's a dangerous breed (PPP) and unmuzzled, it's automatic serious recklessness. If it escaped due to carelessness, it can be less serious. You are criminally liable as owner.
Can I go to jail for an e-scooter accident?expand_more
Yes. E-scooters (VMP) are vehicles in criminal law. Running over a pedestrian on sidewalk due to speed or mobile use is reckless injury crime just like with a car.
Does professional recklessness entail disqualification?expand_more
Yes. If the crime is committed in the exercise of the profession (doctor, trucker, architect), conviction carries disqualification from practicing said profession for 6 months to 4 years.
How is serious distinguished from less serious?expand_more
It is the great legal battle. Serious is the 'absence of the most elementary precaution' (total disregard). Less serious is a relevant infraction but not so gross. The border is marked by the judge and experts.
What if I flee the accident scene?expand_more
You commit a crime of OMISSION OF DUTY TO ASSIST. If you caused the accident, penalty is prison 6 months to 4 years. If victim dies, it's much more serious ('Flight'). Never flee.
Refusing breathalyzer after accident?expand_more
Crime of DISOBEDIENCE (Art. 383), punished with prison 6 months to 1 year and license loss. It adds to the reckless injury crime. Refusing is always worse.
Is a skiing accident a crime?expand_more
Can be. If a skier goes excessive speed on beginner slope and crashes causing serious injury, it is reckless injury crime. FIS conduct rules apply.
Does reckless injury crime prescribe?expand_more
Yes. Minor crime (less serious recklessness) prescribes in 1 year. Serious in 5 years. It is fundamental to interrupt prescription with judicial actions.
Need Immediate and Expert Legal Assistance?
The judicial system is complex and can be relentless. Do not face it alone. We have the experience, technical knowledge, and human resources necessary to fight for you. Contact us today to schedule a confidential consultation and start building your defense.
Contact Alonso Sala