In a previous post I reproduced entirely the Service Note 1 / 11 on the police seizure of motor vehicles and motorcycles issued by the Prosecutor's Office of Andalucia, Ceuta and Melilla, which will, in this territory, to systematize the procedure, clearing the doubts that could will come about when to intervene to justice a motor vehicle or a motorcycle whose driver has committed any offense against road safety following the reform of the current Penal Code. The conclusions of this letter prosecutors established as criteria for intervention:
1 .- They shall not take the vehicle to bring it to court if they belong to a third party in good faith is not responsible for the crime.
2 .- As the offending owner, the vehicle will be involved in the following cases:
a) is involved a crime of the arts. 380 and 381 of the CP, ie, driving recklessly or with conscious disregard for the lives of others.
b) if as a result of a crime against road safety (art. 379-385 CP) has occurred resulting in death (art. 142 PC) or serious injury (art. 152 CP)
c) in the case of a crime of failing to rescue the art. CP 195.3
d) in crimes of art. 379, 384 and 385 CP, when bona fide evidence that the offender was sentenced prior to the events under investigation for crimes against road safety, at least three times in the last year from date to date.
On February 4, 2011 the Chief Prosecutor of the Provincial Prosecutor of Las Palmas de Gran Canaria issued an Instruction, the 1 / 2011, also with the purpose of establishing general criteria apply in these cases. This agrees Instruction The criteria that should govern the seizure have to stick to those facts that are of particular gravity. Thus, for example, matches the criteria a) of the Attorney General of Andalusia, where the vehicle is implied in a crime of Articles 380 and 381 of the CP, or b) when any of the crimes against road safety with a harmful outcome, either killing or serious injury through negligence. Match
both instructions that the forfeiture is not appropriate when the motor vehicle or motorcycle belonging to a third party, where in good faith and has acquired the vehicle legally, but the Prosecutor of the Palms specifies that must be taken account of the real property of the vehicle, beyond the registered ownership. Also
coiciden to make repeated mention of the crime, but in the case of Andalusia Attorney believes that the offender has been convicted before, for crimes against road safety, at least three times in the last year from date to date, while the Prosecutor of Las Palmas estimated that only requires that the offender has committed a third criminal any of the types of crime and punishable under Articles 379 and 384, without requiring proof of both the offender's previous convictions.
1 .- They shall not take the vehicle to bring it to court if they belong to a third party in good faith is not responsible for the crime.
2 .- As the offending owner, the vehicle will be involved in the following cases:
a) is involved a crime of the arts. 380 and 381 of the CP, ie, driving recklessly or with conscious disregard for the lives of others.
b) if as a result of a crime against road safety (art. 379-385 CP) has occurred resulting in death (art. 142 PC) or serious injury (art. 152 CP)
c) in the case of a crime of failing to rescue the art. CP 195.3
d) in crimes of art. 379, 384 and 385 CP, when bona fide evidence that the offender was sentenced prior to the events under investigation for crimes against road safety, at least three times in the last year from date to date.
On February 4, 2011 the Chief Prosecutor of the Provincial Prosecutor of Las Palmas de Gran Canaria issued an Instruction, the 1 / 2011, also with the purpose of establishing general criteria apply in these cases. This agrees Instruction The criteria that should govern the seizure have to stick to those facts that are of particular gravity. Thus, for example, matches the criteria a) of the Attorney General of Andalusia, where the vehicle is implied in a crime of Articles 380 and 381 of the CP, or b) when any of the crimes against road safety with a harmful outcome, either killing or serious injury through negligence. Match
both instructions that the forfeiture is not appropriate when the motor vehicle or motorcycle belonging to a third party, where in good faith and has acquired the vehicle legally, but the Prosecutor of the Palms specifies that must be taken account of the real property of the vehicle, beyond the registered ownership. Also
coiciden to make repeated mention of the crime, but in the case of Andalusia Attorney believes that the offender has been convicted before, for crimes against road safety, at least three times in the last year from date to date, while the Prosecutor of Las Palmas estimated that only requires that the offender has committed a third criminal any of the types of crime and punishable under Articles 379 and 384, without requiring proof of both the offender's previous convictions.
addition, the Prosecutor of Las Palmas adds a new criterion to proceed to the police seizure of the vehicle as an instrument of crime: in cases of driving under the influence of alcohol, toxic drugs, narcotics or psychotropic substances, and driving speeding punishable, provided that the rate, or excessive influence than at least double the limits of the Penal Code itself, thereby creating a risk that would allow the trial of danger.
With all that is evident is the disparity of criteria that are or will be used to validate the various prosecution or police intervention vehicles that have been used to commit these crimes, which would necessitate issuance of a higher-level instruction to standardize the performance of security and police forces in these cases.
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