Leaving the Scene of an Accident: Crime Against Road Safety or Lack of Solidarity with the Victims?

Abstract

The purpose of this paper is to analyze the crime of leaving the scene of an accident and its evolution in Spain until its (re)incorporation into the Spanish Criminal Code after the entry into force of Organic Law 2/2019, of 1 March. Furthermore, highlighting its evolution -and transformation- throughout the 21st century and the fact that the offence of leaving the scene of the accident is currently typified by administrative regulations in various legal texts, the reasons that could justify -or not- a reasonable criminal regulation that does not limit the main guarantees of a liberal criminal law typical of democratic states governed by the rule of law are addressed. In this way, the search for a legal asset of particular gravity that shows us this is fundamental.