In the event of a road accident involving injuries that can heal in less than forty days, the person causing the accident cannot be charged with the offence of personal road injuries under Article 590 bis of the Italian criminal code, but can still be charged with the less serious offence of personal injuries through negligence.
A woman driving her car ended up in the opposite lane causing a head-on crash. Following the accident, the driver of the other vehicle suffered injuries that could heal in thirty days. Therefore, after having opened a criminal file for road injuries, the Public Prosecutor ordered its closure since the prognosis was less than forty days. However, the injured driver filed charges no longer of road injuries, but of personal injuries through negligence, thus forcing the Public Prosecutor to initiate further proceedings. In fact, the offence of personal injuries through negligence punishes even minor injuries, if the negligence of the driver of the vehicle that caused the accident is proven.
In this way, even if the injuries caused by a traffic accident are not serious, there is still the risk of having to face a criminal trial.
(Trieste Office – Federica Fantuzzi – federica.fantuzzi@studiozunarelli.com)
