Negligent Vehicular Homicide, Driving Under the Influence, and the Principle of Consumption

Abstract

This study examines the potential relationship between negligent vehicular homicide, driving under the influence, and the principle of consumption, more specifically focusing on the application of this principle by case law in situations where a motor vehicle driver commits negligent homicide while intoxicated. In this context, the research seeks—based on the analysis of judicial decisions—to assess the correctness of the prevailing judicial understanding in light of the theoretical premises underlying the principle of consumption. To this end, the study is divided into two parts. The first establishes the theoretical framework of the principle of consumption and situates it within the context of the apparent concurrence of criminal norms. The second analyzes judicial decisions in which the issue under consideration has been addressed.