(fotografía de Sandra Márquez)
Crimes Against Road Safety in Spain
Driving, while not inherently dangerous, can pose significant risks if it does not adhere to established regulations. In some cases, failure to comply can lead to dire consequences.
To address this, the Spanish legislature has determined that certain driving behaviors, beyond constituting administrative infractions, qualify as criminal offenses. These are codified under crimes against road safety, which are detailed in this article.
Where Are Crimes Against Road Safety Regulated?
Crimes against road safety are regulated in Chapter IV (Crimes Against Road Safety) of Title XVII (Crimes Against Collective Safety) of Book II of the Spanish Penal Code.
What Legal Interest Is Protected in Crimes Against Road Safety?
Though debated, the protected legal interest in these crimes is generally considered to be public road safety.
Characteristics of Crimes Against Road Safety
These offenses are considered “conduct crimes,” meaning the mere act is sufficient to constitute the crime, regardless of whether it results in harm. If harm does occur, stricter penalties apply.
These are also “endangerment crimes,” which may be abstract (most cases) or concrete, depending on the circumstances. Moreover, these are common crimes, meaning anyone can commit them without requiring special conditions.
Types of Crimes Against Road Safety
The Penal Code identifies several crimes under this category:
- Excessive Speeding
- Defined in Article 379.1 as driving more than 60 km/h over the limit in urban areas or 80 km/h on interurban roads.
- Penalties:
- 3–6 months in prison, or
- A fine of 6–12 months, or
- 31–90 days of community service.
- Additionally, driving privileges are revoked for 1–4 years.
- Driving Under the Influence of Alcohol or Drugs
- Defined in Article 379.2 for operating vehicles under the influence of toxic substances or exceeding specific blood alcohol limits (0.60 mg/l in breath or 1.2 g/l in blood).
- Penalties are identical to those for excessive speeding.
- Reckless Driving
- Article 380 defines reckless driving as operating vehicles with manifest recklessness and endangering lives.
- Penalties:
- 6 months–2 years in prison,
- Driving privileges revoked for 1–6 years.
- Aggravated and mitigated versions exist, depending on intent and harm caused.
- Abandoning the Scene of an Accident
- Article 382 bis penalizes voluntarily leaving the scene after causing an accident that results in death or serious injury.
- Penalties vary depending on whether negligence was involved.
- Refusing Alcohol and Drug Testing
- Article 383 criminalizes refusal to comply with legally required tests when requested by authorities.
- Penalties: 6 months–1 year in prison and driving bans of 1–4 years.
- Driving Without a License
- Article 384 penalizes driving after license suspension, expiration, or without ever having obtained one.
- Penalties:
- 3–6 months in prison, or
- A fine of 12–24 months, or
- 31–90 days of community service.
- Creating Serious Risks on the Road
- Article 385 penalizes actions that endanger road safety, such as placing obstacles or tampering with road signs.
- Penalties: 6 months–2 years in prison, or fines with community service.
Mitigating Circumstances for Some Offenses
Article 385 ter allows judges to reduce penalties for certain offenses when the risks posed are minimal, provided other circumstances are favorable.
Concurrent Offenses and Civil Liability
When crimes like excessive speeding or reckless driving result in harm, courts prioritize the more severe penalty while ensuring civil liability is addressed.
This comprehensive framework underscores the importance of adhering to road safety laws in Spain, both to prevent accidents and to avoid severe legal consequences.
Sandra Márquez
Criminal lawyer & CEO Expat&Legal Spain