1. In proceedings relating to events arising from the use and circulation of motor vehicles, the Judge or Court may indicate and order the payment of the provisional pension that, depending on the circumstances, it deems necessary in amount and duration to care for the victim and the people who were in their charge. The payment of the pension will be made in advance on the dates that the Judge or Court decides at its discretion, at the expense of the insurer, if any, and up to the limit of the compulsory insurance, or charged to the bond or to the Insurance Compensation Consortium. in the cases of civil liability of the same, in accordance with its own provisions. The same measure may be agreed when the civil liability derived from the event is guaranteed with any mandatory insurance. Everything related to this measure will be acted on in a separate piece. The interposition of resources will not suspend the obligation to pay the pension.
2. In processes related to facts derived from the use and circulation of motor vehicles, the Judge or Court may authorize, after hearing the Prosecutor, those investigated or accused who are not in pretrial detention and who have their domicile or habitual residence. abroad, to be absent from Spanish territory. For this, it will be essential that they sufficiently guarantee the pecuniary responsibilities of all kinds derived from the punishable act, designate a person with a fixed address in Spain who receives the notifications, summonses and summons that should be made, with the prevention contained in the article 775 regarding the possibility of holding the trial in their absence, and that they provide a non-personal bond, when a bond of the same kind has not already been agreed, to guarantee the provisional release and their presentation on the date or term indicated to them. The same attribution and with the same conditions will correspond to the Judge or Court that must hear the case. If the investigated or defendant does not appear, the amount of the bond will be awarded to the State and he will be declared in default, observing the provisions of article 843, unless the legal requirements are met to hold the trial in his absence.
art 765 lecrim
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This article from the Spanish LECRIM refers to processes relating to events arising from the use and circulation of motor vehicles.
Article 765 of the Criminal Procedure Law is part of the title dedicated to Abbreviated procedure:
- Criminal Procedure Law
- Book IV. Of the special procedures
- Title II. From the abbreviated procedure
- Chapter I: General disposition
- Title II. From the abbreviated procedure
- Book IV. Of the special procedures