Today, the whole world around us is more and more automated. In other words, in their activities, people use new technologies that were previously something fantastic. If you pay attention, then computers 10 years ago were used only in large enterprises. Today, this gadget can be found in almost every home. Similar electronic tools are also mobile phones, tablets and other similar items. The technical evolution of this scale shows the genius and power of the entire human race. However, along with the familiar to all of us items, there are gadgets that appeared a long time ago, but have changed over time. These are cars. Today, this attribute of modern existence is the object of desire of many people. Cars are produced by different manufacturers in a large number of interpretations.
However, the convenience of cars borders on a high level of danger. This feature is the subject of controversy by many scientists. The fact that the car is a source of increased danger led to the creation of a special legal framework for regulating the relevant relations. When driving, each person should be aware of the existence of regulatory rules that limit certain actions. An example is the norms of criminal liability, which contain provisions on the most serious violations of traffic rules on the road.
What is a crime?
In the theory of law, there are many different institutions. Most of them belong to certain legal sectors. An example in this case are crimes related to criminal law. These laws govern specific relationships of their kind. Criminal law affects all aspects directly related to the commission by people of socially dangerous acts, that is, the most harmful, which are crimes.
This category is significantly different from others that go beyond the general legal framework of actions and offenses. In both cases, we are talking about a completely different degree of danger of consequences. Thus, crimes are actions that do the most harm to the world around and to specific individuals.
Crimes in the field of transport management
It should be noted that article 264 of the Criminal Code of the Russian Federation is not the only norm in which the framework of criminal liability for violations of established rules of transport management is included. As mentioned earlier, any “gadget” designed to facilitate the movement of a person is a source of extreme danger.
If you look at the statistics, a large number of people today die as a result of traffic accidents. Of course, drivers do not always violate the rules of driving a car on purpose. However, in most cases, this kind of negative action is the result of neglect of security. For this reason, criminal law establishes liability for the most harmful violations of the rules of transport management, which cause invaluable harm to human life and health.
Article 264 of the Criminal Code: comment
In a special part of the Criminal Code of the Russian Federation, there is a section where crimes are collected whose object is the safety of the operation of transport and traffic. Article 264 of the Criminal Code of the Russian Federation establishes provisions on one socially dangerous act.
The norm consists of six parts. Each of them presents certain variations of the crime. In general terms, Article 264 of the Criminal Code of the Russian Federation establishes criminal liability for violation of the rules for operating cars and driving on the road.
Key crime feature
It should be noted that in its composition article 264 of the Criminal Code is rather specific. A key feature is manifested in the subjective side of this crime. Regardless of the qualifying part of the act, it must in all cases be characterized by negligence. That is, the subject of the crime in this case, although he realizes the danger of his actions, but for various reasons, frivolously rejects their offensive.
Another feature of the socially dangerous act, which provides for article 264 of the Criminal Code, lies in its objective side. According to the criminal law, actions are subject to legal liability only if they entail the onset of serious harm.
Why is the crime reckless?
Very often, novice practicing lawyers do not understand why the subjective side of this socially dangerous act is characterized by recklessness. If you pay attention, then Art. 264 part 3 of the Criminal Code and other elements of the article contain a note about the impossibility of committing a crime intentionally.
In this case, everything is quite simple. If a person commits, for example, hitting a person intentionally, this will not qualify as a violation of traffic rules. After all, the subject had intent, which allowed the use of a car. In other words, in a similar situation, harm of a certain severity or murder (attempted murder) will take place.
Article 264 of the Criminal Code of the Russian Federation, Part 1
Part 1 of this article fixes the most “classic” type of violation of traffic rules on the road. In other words, we are talking about an act that is not burdened by any consequences or other acts of the objective side. In this case, we are talking about violations of the rules of the road, which entailed grave consequences. Moreover, the article states that the subject of the crime is a person who directly controls a car or any other vehicle of a mechanical nature. This note quite often causes confusion in the process of law enforcement. However, the legislator explains that “other mechanical means” are any kind of self-propelled vehicles for which control is required to have rights.
It should be noted that Art. 264 of the Criminal Code of the Russian Federation contains the elements of the crime burdened by the consequences. Sheets of them are contained in other parts of the article. To understand all the features of the act, it is necessary to consider each element of the norm.
Features of parts 2 and 3 of article 264
Any socially dangerous act can be burdened by certain moments of reality. The legislator took this fact into account when creating the mentioned legal norm. Thus, 2 and 3 hours of art. 264 of the Criminal Code of the Russian Federation fix acts, the composition of which is characterized by certain features. For example, part two regulates legal liability for violation of traffic rules by persons who are intoxicated. Other moments of the crime remain unchanged, for example, the fact of negligence and serious consequences.
As for part 264.3 of the Criminal Code, then the key feature is the result of the committed act. Here responsibility only occurs if a violation of the rules of the road, carried out through negligence, led to the death of a person.
The specifics of parts 4 and 5 of Article 264
Other elements of the previously mentioned legal norm are no less interesting. A feature of part four is the specific subject of the crime and the consequences of its commission. As before, we are talking about reckless actions. However, in the case of Part 4, the subject will be a person driving a car or other transport while intoxicated, the actions of which resulted in human death. In h. 5 Article. 264 subject is common. That is, any person who was behind the wheel or other control apparatus can be involved. But the consequence must necessarily be the death of two or more people.
Part six
The most serious socially dangerous act is that provided for by Part 6 of Art. 264 of the Criminal Code. In this case, the legislator allows the use of the most harmful criminal measures for the subject, for example, imprisonment for up to 9 years. Thus, a crime can be qualified according to this norm if a person, while intoxicated, violated the rules of the road, which led to the death of several people.
Thus, violation of traffic rules can lead to the appearance of rather detrimental consequences. Therefore, each and every driver must remember the safety of his own and those around him.