A week has passed. The investigations on death of Davide Rebellin they led to the identification of the truck driver with considerable speed who ran over him and then ran away, even though he realized he had hit him. What remains unclear is what will happen next..
We read that that cursed and repeat offender sixty-year-old He will not be able to be arrested in Germany, because road homicide is not a crime there.We've read everything and its opposite. But since in these cases, whether we like it or not, it's the law that dictates the path, We turned to Federico Balconi with 10 questions. He is the lawyer of Zerosbattiby now the friend of anyone who has had a bike accident. Here's what he told us.
1) Can road homicide be negligent?
Road homicide occurs whenever a driver carries out an overtaking manoeuvre without adopting all the so-called "precautionary" measures required by the Highway Code (art. 148). That is, it should keep a moderate speed that allows for safe overtaking, with a distance that takes into account the road, any swerving of the cyclist and that does not put the cyclist in danger during the maneuver. In the event of a collision, the brakes automatically The driver is charged with failure to comply with these rules. Therefore, he will not be able to say that he did not notice. It would be as good as a confession because it would mean that he hadn't even taken the slightest care to look at the road!
2) Is seeing and fleeing an aggravating circumstance?
If proven, this behavior constitutes a serious failure to provide assistanceBecause he won't even be able to say he didn't notice the event.
3) Would he have been arrested in Italy?
The crime of road homicide in Italy provides for optional arrest if there are no aggravating circumstances. It becomes mandatory in the presence of aggravating circumstances, as in this case (failure to provide assistance). In my opinion there is another element to verify, that is, that it was not in state of alteration due to alcohol or drugsFor a truck driver, this entails the greatest of aggravating circumstances with mandatory arrest.
4) How can the truck driver be brought here?
The Italian PM could evaluate, once the dynamics have been ascertained, to ask arrest by international arrest warrant.
5) Is an autopsy still essential in certain cases?
The autopsy is being carried out arranged by office, because the configuration of the crime requires a causal link between the event and the death. Therefore it must be excluding any other possible cause of death.
6) The driver is a repeat offender: would he still have had a license in Italy?
Unfortunately yes, because once the suspension period has been served (usually with plea bargaining and community service), the license is returned. In case of a repeat offense for driving under the influence of alcohol or if the same offense was committed within the last two years, the license would be revoked. Recidivism, on the other hand, is an aggravating factor from a criminal standpoint. and, even if the 5 years have passed, he will not be able to benefit from the conditional suspension of the sentence.
7) What punishment does he risk?
The sentence could go from 2 to 7 years without aggravating circumstances, or from 8 to 12 years if aggravatedI would exclude the mild aggravating circumstance (5 to 10 years).
8) If he goes to prison, will he have to serve his sentence in Italy?
It may require you to serve his sentence in a German prison, through European agreements between states.
9) Will there be a civil trial in addition to the criminal one?
The civil process can be conducted in two ways. Through the constitution of a civil party by Davide's relatives/heirs directly in the criminal process. Or with separate judgment: most appropriate choice, since the civil process is aimed at compensation for damages, which is mainly the responsibility of the Ordinary Civil Judge.
10) What could you say in your defense?
As we often read in summary information reports, the driver generally, in order to exonerate himself claims that the cyclist suddenly changed direction. Or that during the overtaking he probably has changed direction, skidding and hitting the container… We have also read about drivers who, while overtaking, declared that having heard a shot and only after realizing that they had hit the cyclist… All statements that could be used against the driver himself. In fact, they would demonstrate thedue to lack of diligence and attention in carrying out such a dangerous maneuver.
