Dolus eventualis, conscious negligence and traffic accidents

Abstract

The text examines the distinction between dolus eventualis and conscious negligence in traffic offenses, questioning the tendency to attribute dolus eventualis to the drunk or speeding driver based on the number of victims, which reveals objective liability and ignorance of the general theory of crime. It criticizes the ordering of preventive detention on the grounds of public order, which anticipates punishment and violates the presumption of innocence. It adopts the consent theory, arguing that dolus eventualis exists only when the agent approves the result, concluding that, absent such will, the conduct must be punished as conscious negligence, with the penalty measured according to culpability.