Massimo Carrera (20 Viewers)

Zlatan

Senior Member
Jun 9, 2003
23,049
The t prosecutor almost always asks for the maximum sentence, but it's unlikely that he will get 4 years, I would guess that if guilty he'll get one at most and get out of jail in six months or so.
 

Jem83

maitre'd at Canal Bar
Nov 7, 2005
22,866
When I think about it, culpa is might only used in cases when you have to pay damages. @Jem83 ?
For the most part, culpa will not qualify for jail sentences. In most cases, the requirement is one or another form of dolus, unless you actually hurt or kill someone - then culpa could also be enough for jail. Culpa occurs in criminal law, and although it mostly will result in fines, one area where even jail sentences can be issued on the basis of culpa is in the area of traffic laws, norms given to ensure public safety and prevent reckless driving.

Anyway, this is just the general answer, each country may regulate these questions a little differently.

The long version (for those who are interested):

The root of the matter will always be this, though, when it comes to the State penalizing someone:

1. Is the sanction prescribed by Law?
(in some countries, such as the Scandinavian countries, "Law" means formal 'written' law, whereas in common Law-countries verdicts by the Courts are also considered "Law")
2. Is the sanction which is prescribed by Law, in conflict with that country's Constitution, or international treaties which that country has signed (or international jus cogens / peremptory norms)? Notably The European Human Rights Convention and The UN charters from 1966.

If they are not, then that state can penalize any action it wants, and also decide what form of "guilt" is required: dolus, dolus eventualis, culpa, culpa levissima etc.

Some countries may have reckless driving on the basis of culpa put down as a criminal offence worthy of jail - others may not have.

But let me reveal: In a lot of cases (in most cases), jailing someone on the basis of culpa will be a violation of either a Constitution or an international human rights treaty, or both / all.
 

Nzoric

Grazie Mirko
Jan 16, 2011
37,764
I cant believe that we are actually having this discussion. If Carrera acted recklessly and that resulted in two deaths he should face an appropriate sentence. It night not have been on purpose, but that is exactly why he isnt facing a murder charge.

Some fucksticks just take it too far.
 

Bianconero_Aus

Beppe Marotta Is My God
May 26, 2009
77,189

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