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ARTICLE · 23 APRIL 2019

Road Killing And Driving While Drunk: A Single Crime

The Court of Cassation has ruled that, in the case of road killing, the charge must be limited to one charge, even in the case of driving while intoxicated or under the influence of drugs.

ItalyCriminal Law

The Court of Cassation has ruled that, in the case of road killing, the charge must be limited to one charge, even in the case of driving while intoxicated or under the influence of drugs.

According to the Fourth Criminal Section of the Court of Cassation, those guilty of homicide must not be also charged for driving under the influence of alcohol or drugs.

The decision of the Supreme Court follows the precedent set by many cases resulting in the same decision: a single accusation.

The judge for preliminary investigations at the Court of Grosseto, for example, called to comment on an accident caused by a man who was under the influence, and whose conduct had caused the death of another motorist. The court established with the decree of August 28, 2017, that “the fact which is the subject of the judicial proceeding, is already sanctioned by the most serious indictment”.

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