La pena de privación del derecho a conducir vehículos a motor y ciclomotores en el sistema penal español

Identifier:  TDX:3315

Handle: https://hdl.handle.net/20.500.11797/TDX3315

Authors:  Lanaspa Mainz, David

Abstract:
This paper focuses on a disqualifying penalty such as the deprivation of the right to drive motor vehicles and mopeds. The research is directed to, firstly, make a comprehensive analysis of the current situation of the penalty of deprivation of the right to drive in the Spanish criminal system, secondly, analyze its application in the practice of the Courts and Tribunals, and finally detect the deficits that it presents so as to make proposals for better regulation, implementation and enforcement. Both the doctrine related to the penalty system, in particular disqualifications, and the doctrine related to crimes against road safety and life and physical and psychological integrity have been analyzed. Likewise, an exhaustive jurisprudential analysis has been carried out of the cases in which the deprivation of the right to drive has been imposed, either as a penalty, a security measure or a precautionary measure. As for the main conclusions reached, it should be noted that I) the penalty of deprivation of the right to drive has a high degree of application in our Courts and Tribunals; II) there are aspects of its regulation that should be reformed, both at a procedural and substantive level and III) it is a penalty that has a practical application in constant evolution.