Decriminalization of Misdemeanor Trials in the Penal Code Reform

On July 1, the Penal Code Reform approved on March 26 came into force. The reform significantly affects all claims derived from traffic accidents, since as a result of it, the Lawsuits for misconduct are definitively abolished, which was the most common way to claim compensation derived from traffic accidents.

The reform of the Penal code eliminates slight imprudence, indicating the objective of redirecting them to the civil jurisdictional route. This damages, in the opinion of AYT, the right to effective judicial protection of the victims of traffic accidents, who are forced to claim compensation for personal and material damages in civil courts, which means an economic outlay of some expenses (attorney, medical expert, power of attorney, etc.) and a risk of legal costs that do not exist in criminal lawsuits, since in misdemeanor trials there are no expenses, and the medical evaluation of the injured person was carried out by examination by the forensic doctor of the Court.

The nonsense of the reform reaches the point that in cases of traffic accidents with deaths or even very serious injuries, the culprit of the accident will not have any criminal reproach, and will not be convicted , and the family of the victim or the victim himself will not You will have more option than to claim the corresponding compensation by going to a civil procedure.

Another negative collateral effect is going to be the foreseeable collapse of civil courts, which are already saturated, due to the avalanche of civil claims that are going to be filed, and this is going to mean, predictably, a delay in the processing of lawsuits and in its resolution.

Once again, the rights of those injured by a traffic accident are violated, as behaviors that do deserve criminal reproach have been decriminalized.

From AYT we express our total opposition to the reform of the Penal Code . Our office has the technical, professional and legal means necessary so that all those injured by traffic accidents can continue to claim their compensation with guarantees with complete peace of mind and with all kinds of facilities and resources, since our objective continues to be to defend the interests of accident victims over reforms and changes.