New highway code, on drugs it must be verified if you influence the guide: what is the test to establish it

On April 11, the Ministries of the Interior and of Health sent a circular to the Prefectures and to the police to clarify how the rules of the new highway code approved last November by Parliament must be applied. And the document introduces significant innovations such as to partially disavow the setting of the Ministry of Transportwho had introduced sanctions for those who use drugs regardless of the effects on the ability to drive. A principle contested by anti-prohibitionist associations and movements as well as questioned by several law experts.

The guidelines

Because in the guidelines put black on white from the circular we start from the assumption that the crime can only be configured provided that «The substance still produces its effects in the body while driving».
That is, it is necessary to prove that the substance has been taken in a « next » period of time driving the vehicle. It means recovering the requirement of the state of psycho-physical alteration suppressed only a few months ago. Until December, the fault was to have created danger by driving in a state of alteration. DOPO that date, following the new highway code, the fault had become mere intake (except in the crimes of murder and road personal injuries, for which alteration remains necessary). Now we change again returning to the previous situation.

The debate and the sentence of the Consulta

It is clear that this circular reopens the jurisprudential debate. Because the ball passes in the hands of the judges who could follow an interpretation more faithful to that of the circular instead of at the first level source. To resolve this legal short circuit, the Constitutional Court will think of it in the coming months. THENfetti, with an order of April 8, the Pordenone court raised a question of constitutional legitimacy, considering « manifestly unreasonable and unfair»Clearly define the mere positivity of a subject to the substance, without any investigation on the effects for driving ability. And the Consulta will have to express itself on this.

The ascertaining procedures

The circular indicates the ascertaining procedures for alcohol (articles 186 and 186-bis of the code) and drugs or psychotropic substances (article 187). On substances, the text indicates that: « orCcorre prove that the amazing or psychotropic substance was taken in a period of time close to the driving of the vehiclesuch as to assume that the substance still produces its effects in the body while driving»; Blood and saliva are the biological liquids deemed suitable for this verification; Urinary positivity would not be « indicative of a intoxication in progress », reveals the Sole 24 hours.

Forensic toxicology

The correlation between positivity detected on blood or saliva and « intoxication in progress » may not always be a safe and reliable data in the medical-legal field. Because of this The circular indicates to adhere to the guidelines of the Italian forensic toxicologists group (GTFI) as « technical-scientific reference ». Thus there would be homogeneous assessment methods for the reliability of the data.

The procedure for the police

Compared to the past, however, the state of alteration must not be evaluated by a doctor. The circular explains the procedure that the police must follow. Carabinieri and police must submit the person to a salivary test, considered a preliminary assessment. In the event of positivity, two saliva samples must be taken: both must be kept at controlled temperature (4 degrees, avoiding freezing) and sent to the forensic toxicology laboratory as soon as possible.

The presence of metabolites

Following in the laboratory, analyzes are called « confirmation » or second level, the only ones who can lead to incrimination. The will is to identify metabolites, that is, molecules produced when these substances are metabolized. Any substance or drug that is assimilated by the body is transformed thanks to enzymes that are mainly in the liver. When metabolites are active, it means that substances still have effect, while inactive metabolites confirm that the effect of substances or drugs is over.

Analysis on drugs

The circular also specifies that the analyzes must evaluate the possible presence of metabolites also for therapies made in the hospital before the sampling of the samples. This excludes sanctions towards people who take drugs based on opioids or psychotropic drugs who have the same active ingredients as drugs.