Modifies The Tra Transit Law, In What Is Refers To The Crime Of Driving While Intoxicated, Causing Serious Injury, Gravã Chasms Or Causing Death

Original Language Title: MODIFICA LA LEY DEL TRÁNSITO, EN LO QUE SE REFIERE AL DELITO DE MANEJO EN ESTADO DE EBRIEDAD, CAUSANDO LESIONES GRAVES, GRAVÍSIMAS O, CON RESULTADO DE MUERTE

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(Amending article 176 in the following terms: to) added, after the word "injury", the expression "o death". "
(b) replace the word "necessary" by "may".

(2) delete the final subparagraph of article 183.

(3) replace article 195 with the following: "article 195-breach of the obligation to give an account to the authority of any accident in which only damage, referred to in article 168, shall be punished with a fine of three to seven monthly tax units, and with the suspension of the license up to a month."

The failure to stop the March, providing possible assistance and give account to the authority of any accident in which is injury, designated in article 176, he shall be punished with penalty less in your middle grade presidio, inability to life in prison for driving of mechanical traction and a fine of seven to ten monthly tax units.
If in the case referred to in the preceding subparagraph produced lesions were those listed in number 1 of article 397 of the Penal Code or has occurred the death of any person, responsible will be punished with the penalty of imprisonment less at its maximum extent, inability to life imprisonment for driving of mechanical traction, fine from eleven to twenty monthly tax units and with the seizure of the vehicle with which the offence was committed , without prejudice to the rights of the third party owner, which may be subject to the General rules of the code of criminal procedure. For the purposes of determining the expected penalty in this subsection, shall apply the provisions of the articles 196 bis and ter 196 of this Act.
Penalties provided for in this article shall be imposed the driver together with which correspond by the responsibility that can fit you in the respective crime or tort, in accordance with the provisions of article 74 of the criminal code. "."

(4) enter the following article 195 bis: "article 195 bis.-the unjustified refusal by a driver to submit to testing respiratory or other scientific tests to establish the presence of alcohol or narcotic or psychotropic substances in the body, provided for in article 182, shall be punished with a fine of three to ten monthly tax units and the suspension of his license up to a month.

In the event of accidents that cause injuries of the misunderstood in number 1 of article 397 of the criminal code or the death of any person, the refusal of unjustified of the driver who had participated in them to submit to the evidentials respiratory tests or scientific examinations referred to in article 183 of this Act to determine the dose of alcohol in the blood or the presence of narcotic drugs or psychotropic , or performing any manoeuvre that alter their results, or the delay of their practice with that same effect, will be punished with the penalty of imprisonment reduced to its maximum extent, fine of eleven to twenty monthly tax units, inability to life in prison for driving of mechanical traction and confiscation of the vehicle that has been committed the offence, without prejudice to the rights of the third party owner It may enforce in accordance with the General rules of the code of criminal procedure. For the purposes of determining the expected penalty in this subsection, shall apply the provisions of the articles 196 bis and ter 196 of this Act.

The penalty provided for in the preceding paragraph shall be the driver together with which corresponds by the responsibility that can fit you in the respective crime or tort, in accordance with the provisions of article 74 of the criminal code. "."

(5) replace subsection third third of article 196, by the following subsections and fourth: "if it would result in any of the lesions referred to in number 1 ° article 397 of the criminal code or the death of any person, be imposed penalties of imprisonment less at its maximum extent, in the first case, and presidio less in their maximum to prison in its minimum degree , in the second. In both cases, the penalties of fine of eight to twenty monthly tax units, of inability to life imprisonment for driving of mechanical traction and the confiscation of the vehicle with which the offence, without prejudice to the rights of the third party owner, which may be subject to the General rules of the code of criminal procedure has been committed shall also apply.

The author of the offence under the preceding paragraph you shall be the maximum or the maximum degree of the hadd punishment there designated, as appropriate, together with the penalties of fine, inability to life imprisonment for driving motor vehicles and comiso indicated, if concurriere any of the following circumstances: 1.-If responsible had previously been convicted for any of the offences provided for in this article except that the date of Commission of the offence may have elapsed deadlines set out in article 104 of the criminal code with respect to the fact that motivates the prior conviction.
2. If the offence had been committed by a driver whose profession or trade consist of the transportation of persons or property and acted in the exercise of their functions.
3. If the responsible condujere the vehicle with its license canceled, or if it has been disabled in perpetuity to drive motor vehicles. "."

(6) enter the following article 196 bis: "article 196 bis.-to determine the penalty in the cases provided for in paragraphs third and fourth of the article 196, the Court does not take into consideration the provisions of articles 67, 68 and 68 bis of the Penal Code and, instead, apply the following rules: 1.-If they do not concur circumstances mitigating or aggravating the fact" the Court will travel the entire length of the penalty designated by law to implement it.
2. If, for the offence provided for in the third subparagraph of article 196, attend one or more mitigating circumstances and no aggravating circumstance, the Court shall impose the lowest in their maximum prison penalty. If you attend one or more aggravating circumstances and no mitigation, the presidio in its minimum penalty will apply.
3. If, for the crime established in the fourth subparagraph of article 196, attend one or more mitigating circumstances and no aggravating circumstance, the Court shall impose the penalty in its minimum degree. If you attend one or more aggravating circumstances and no mitigation, it will impose it in its maximum degree. To determine the minimum and maximum of the penalty in such cases, shall be divided by half the period of its duration: the higher of these parties will form the highest and the lowest minimum.
4. If concur extenuating and aggravating circumstances, will be their rational compensation for the application of the penalty, adjusting the value of one and other.
5. the Court may not impose a pity that it is more or less to the framework laid down by the law. However, may be imposed in a degree worth if most of your requirements for the defence of the number 11 of article 10 of the criminal code, concurriere, but the fact could not be exempt from penalty. "."

(7) add the following article 196 ter: "article 196 ter-matter of the offence provided for in the third subparagraph of article 196, shall apply as provided in law Nº 18.216, in accordance with the General rules." However, the execution of the respective substitute penalty will be suspended for a year, time during which the convicted person must meet effectively the custodial sentence that is condemned.

However, shall not apply in these situations the provisions of article 38 of this law, and in any case the replacement of the custodial sentence will mean replacement or suspension of the enforcement of fines, confiscation and disqualifications imposed. "."

((8) amending article 209, in the following terms: to) be replaced, in the first paragraph, the expression "prison in their maximum" "lower in its minimum degree presidio".
(b) add the following final paragraph: "the provisions of this article shall not apply to those who were convicted of the offences referred to in the third and fourth subparagraphs of article 196.".