Crime against road safety

A man was convicted of a crime against road safety for hitting, bending, removing, and stealing several traffic signs in Rubí (Barcelona) in the early morning. Specifically, he bent two signs (one for no parking for trucks and another for pedestrian crossing) and also removed a STOP sign and another for no entry, taking two of them to his backyard. With this, the courts consider that he increased the danger in traffic , because drivers could be confused about the rules in that area.

The accused appealed stating, basically, that it was not proven that he intended to affect road safety or that a "serious" danger to traffic had been created. But the Supreme Court (TS) explains that this crime does not require that an accident occurs or there is specific danger and proven with a victim, but it is enough to generate a serious "abstract" risk for traffic, that is, an objectively dangerous situation due to the disappearance or alteration of the signaling. In addition, the Supreme Court reasons that if someone breaks or removes signs, they are aware that this necessarily affects traffic safety , because signs are used to inform and regulate traffic.

The Supreme Court corrects the way the case was punished since it understands that it is not appropriate convict also for a crime of damages , because the "damage" is already included in the act of canceling or altering the signaling of the road safety offense. That's why it cancels the conviction for damages and only leaves the offense under art.385.1 of the Criminal Code.

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