Law Office ofAli Barakat
Traffic, Vehicle Accidents and Compulsory Insurance

Criminal Liability in Traffic Accidents

In briefTraffic Law No. 8 of 2019 punishes a driver who causes serious harm, permanent disability or death by driving in breach of traffic rules, with heavier ranges for recklessness, intoxication, fleeing or abandoning the victim. In death cases the prison term falls away on waiver and reconciliation, and a harsher penalty in another law prevails.

When an accident ends in serious injury or death, the driver stops being a party to a compensation dispute and becomes a suspect before the investigating judge. Both the driver and the victim's family need to know how the law views what happened. The office of Ali Barakat in al-Yarmouk, Baghdad, sets out the criminal provisions that govern traffic accidents.

Serious harm and permanent disability

Article 35 of Traffic Law No. 8 of 2019 punishes, with imprisonment, a fine or both, a driver who causes serious harm or permanent disability to another by driving without regard to traffic laws, regulations and instructions, or because the vehicle lacked roadworthiness conditions. The range rises under paragraph (2) where the driving was reckless, the driver was under alcohol or drugs, or he failed to help the victim or call for help though able to.

Death caused by driving

Article 36 moves the matter into the felony range, punishing with imprisonment and a fine together anyone who causes a death by driving in breach of traffic rules or because of a roadworthiness defect. The penalty steps up in three situations: more than one death, or death combined with serious harm to others; negligent, reckless or impaired driving; and fleeing without informing the authorities. The heaviest range applies where the latter situations combine with multiple victims. Each paragraph adds that the prison term falls away where the parties waive and reconcile, while the fine remains.

Alcohol and drugs

Article 34 punishes driving under the influence of alcohol or drugs even without an accident, and raises the penalty for a repeat within a year of a final judgment. Article 31(3) lets courts rely on results from alcohol testing devices.

Run-overs and seeking help

Article 37 links the penalty to what the driver does after a run-over. Failing to get the victim to hospital or give help, running someone down on a marked pedestrian crossing without giving way, or leaving without the investigating authority's permission, are aggravating circumstances that bring in articles 135 and 136 of Penal Code No. 111 of 1969, which allow the court to exceed the normal maximum. On the other hand, getting the victim to hospital at once or informing the police, or the run-over happening outside a crossing zone, is a mitigating excuse that brings in articles 130 and 131. See After a collision or run-over.

Relation to the Penal Code

Article 42 of the Traffic Law applies the harsher penalty where another law sets a harsher one for the same act. The Penal Code deals with negligent killing in article 411 and negligent injury in article 416, both raised for gross breach of professional standards, intoxication, failure to help or multiple victims. The court compares the two texts in each case.

Licence withdrawal

On conviction under the Traffic Law, article 39 lets the court withdraw the driving licence for between three months and a year, and bar an unlicensed person from obtaining one for a year after the sentence ends. See Driving licence: grant, withdrawal and renewal.

How the case runs

A case starts with a complaint or report to the investigating judge for the place of the accident. Offences carrying detention, such as serious harm under article 35, usually go to the misdemeanour court; those carrying imprisonment, such as death under article 36, go to the felony court. The injured party may join a civil claim to the criminal case under article 10 of the Criminal Procedure Code. A waiver is recorded before the judge, and its effect on the penalty depends on the article applied.

Legal basis and sources

  1. Traffic Law No. 8 of 2019 (Official Gazette No. 4550 of 5/8/2019; correction notice in No. 4562 of 11/11/2019) — Articles 31, 34, 35, 36, 37, 39 and 42
  2. Penal Code No. 111 of 1969 (Official Gazette No. 1778 of 15/12/1969) — Articles 130, 131, 135, 136, 411 and 416
  3. Criminal Procedure Code No. 23 of 1971 (Official Gazette No. 2004 of 31/5/1971) — Article 10

Frequently asked questions

Does the family's waiver remove the whole penalty?

Article 36 removes the prison term on waiver and reconciliation; the fine remains.

What if the driver fled?

Fleeing without informing the authorities raises the range under article 36, and abandoning the victim is an aggravating circumstance under article 37.

Will a convicted driver lose his licence?

The court may withdraw it for three months to a year under article 39.

Always check the text in force and its amendments in the official source.

To ask about your matter