Abstract
The purpose of this paper is to examine some problems related to the determination of the punishment of the crime of driving while intoxicated causing very-serious injuries or death, derived from the rules introduced by Law No. 20.770 (commonly called “Emilia Law”) to article 196 bis of Law No. 18.290 (also known as the Traffic Law). The text focuses on three specific issues: the (in)applicability of numeral 2º of article 196 bis to the crime of driving while intoxicated that causes very-serious injuries; the (in)applicability of mitigating or aggravating factors of extraordinary efficacy in the event of driving while intoxicated that causes death or very serious injuries; and the (in)applicability of mitigating the punishment of perpetual inability to drive vehicles due to the concurrence of common mitigating factors in the crime of driving while intoxicated that causes death or very serious injuries.
| Translated title of the contribution | Problemas de determinación de la pena en el delito de manejo en estado de ebriedad con resultado de lesiones gravísimas o muerte |
|---|---|
| Original language | English |
| Pages (from-to) | 317-334 |
| Number of pages | 18 |
| Journal | Revista de Derecho |
| Volume | 35 |
| Issue number | 2 |
| DOIs | |
| State | Published - 2022 |
Keywords
- Mitigating or aggravating factors of extraordinary efficacy
- gradual prescription
- perpetual inability to drive
