Bufete de abogados penalistas Alonso Sala

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Reckless Homicide Defense

Defense in cases of negligence resulting in death. Traffic accidents and professional negligence.

The Border Between Crime and Accident

In these cases, no one questions the tragic result, but whether it could have been avoided. Our defense focuses on proving 'due diligence'. Did the doctor follow protocol? Did the company comply with safety regulations? We rely on accident reconstruction experts and medical specialists.

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Why Alonso & Sala for Reckless Homicide?

Negligence defense Art. 142 CP: due diligence + downgrade grave → less grave recklessness + fortuitous accident.

health_and_safetyDue diligence medical protocols + PRL: doctor followed clinical protocols lex artis? Company complied PRL regulations + PPE + worker training? Document regulatory compliance + prior audits demonstrate diligence despite adverse result.
health_and_safetyDowngrade grave → less grave recklessness expert: huge difference grave (1-4y prison) vs less grave (only fine). Reconstruction experts demonstrate relevant infraction NOT extreme. External factors contributed (weather, mechanical failure).
health_and_safetyFortuitous accident absence fault: tragic result despite diligent compliance = NOT criminal offense (only civil). Demonstrate absence violation + unpredictable result. Victim appeared suddenly + unpredictable technical failure + force majeure.

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Frequently Asked Questions

In which cases does Reckless Homicide occur?expand_more

Mainly in traffic accidents (alcohol/speeding), medical negligence ('malpractice'), and workplace accidents due to lack of safety measures. The perpetrator didn't want to kill but acted with disregard for rules.

Difference between Grave and Less Grave Recklessness?expand_more

'Grave' is the total disregard of the most elementary rules of care (e.g., driving drunk against traffic). 'Less grave' is a relevant infraction but not as extreme. The penalty difference is huge (prison vs fine).

Is there jail time if it was an accident?expand_more

If the accident was due to 'grave recklessness', yes, there is a prison sentence. If no prior record, a sentence up to 2 years can be suspended. If less grave, only a fine. If it's a fortuitous accident without fault, there is no crime.

What compensation must be paid?expand_more

Death compensations are very high, calculated by the Traffic Scale. They cover moral damages to relatives (parents, children, spouse) and financial loss (lost earnings). Usually insurers pay.

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shieldClaves de la Defensa

Art. 142 CP

Did NOT want kill but killed violating duty care (traffic, medical negligence, workplace safety). Difference fault vs intent. Grave recklessness 1-4y.

Grave Recklessness

Total disregard elementary care rules (drive drunk against traffic). 1-4y prison. No record sentence up to 2y suspended.

Less Grave Recklessness

Relevant infraction NOT extreme. Only fine NO prison. Fundamental expert downgrade grave → less grave huge difference (prison vs fine).

gavelElementos del Delito

check_circleDue Diligence:No one questions tragic result but could avoided. Defense prove due diligence: Doctor followed protocol? Company complied safety regulations? Reconstruction experts + medical specialists.
check_circleFortuitous Accident:Fortuitous accident without fault = NO crime. Only civil. Demonstrate absence care rule violation + unpredictable result despite acting diligently.
check_circleCompensations:Death compensations very high Traffic Scale. Cover moral damages relatives (parents, children, spouse) + financial (would stop earning). Usually insurers pay.

gavelConsecuencias Penales

Grave

1-4y prison. No record up to 2y suspended avoid effective prison entry.

Less Grave

Only fine. Huge difference grave → less grave fundamental expert (prison vs fine).

Civil

High compensations Scale. Insurers usually pay. Non-payment does NOT block benefits unlike intentional.

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Fatal Accident?

Negligence defense Art. 142 CP: due diligence + downgrade grave → less grave + fortuitous accident.

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