The proposal Law on the Criminal Code for creation of statutory offense of causing death due to driving under the influence of alcohol or drugs, and speeding, which he had put on his tenure as MP and redeposited by the Parliamentary Committee on Legal discussed today the Minister of Justice and Public Order Mr. Ionas Nicolaou, before the Parliamentary Committee on Legal Affairs. Mr. Nicholas stressed that instead of demanding to be cumulative having two root causes driving, recommended the configuration that causes the offense to be fulfilled alternatively where the main cause of the deadly rolling caused either due to excessive speed or due to overuse alcohol or drugs.
Speaking after the debate, Mr. Nicholas said: “I expressed my views on the proposal, which remain the same as when we tabled as a Member. This is extremely important subject. The proposal was drawn up then a result of a tragic automobile accident, when a young person who while he was on the sidewalk, passing driver speeding, and under the influence of alcohol deprived life. Since then, unfortunately, there were other similar incidents, the last of the fatal accident that occurred recently in Limassol, where also guide driving too fast under the influence of alcohol and after drug use, deprived life of a young, of which vehicle was stopped at the traffic lights. In view of these circumstances and the drivers behavior experiences, taking up my duties as Minister, judged as the law proposal changed that, instead of demanding to be cumulative, the existence of two major traffic accidents causing causes, ie the influence of alcohol or drugs and speeding, be configured to the offense be imposed in cases where the main causes there are disjunctive. That is, the punishment for the offense of statutory manslaughter with imprisonment up to 10 years, where it is found that the main cause of the deadly accident was either excessive speed or excessive use of alcohol or drug use.
If someone drives under the influence of so much that alcohol content incapacitating – not just limiting its ability to lead – to react and as a result of this situation is causing a fatal accident, the responsibility can not be limited to negligent driving responsibilities, but within its responsibilities constituting this of statutory offense. ” Mr. Nicholas noted that in these cases it is not negligence but deliberately causing death following any breach on which drivers make.
Asked whether the Law will include alcohol percentage or type of drug in the blood of the driver that will cause the deadly, Mr. Minister pointed out that the provision of the proposal of the Law not any percentage included or drug type and the Committee discusses the definition satisfactory manner, to enable the Court to find that the main cause of death was speeding or excessive use of alcohol or drugs. “Can not determine the law rate exceeded the speed limit, if that is over 30% or 50% of the allowable limit, but only that the fatal road was mainly caused due to excessive speed, regardless of the value of the vehicle speed,” he added .
Further, Mr. Minister invited to comment on the introduction of a control of driving under the influence of drugs through narkotest said that the Ministry of Justice and Public argued the bill relating to the adoption of narkotest and has made great efforts to find a application formula, which can be accepted and serve its purpose. Mr. Nicholas, noted that the application of the formula to determine the use of drugs through the blood was certainly impossible if you had every so often the police officer conducting the traffic control to leave the task to transport to the nearest medical center the controlled person, in order to determine whether it has used drugs. With the formula of using saliva the process becomes easier and finding possible, he said, noting that the way you have configured the bill now appears to adopt the Commission, will also give us an opportunity to test best one of the causes of accidents.
A machine translation of the original Greek.
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