A large number of traffic accidents always makes drivers think about safer driving and do not drive while driving, because as a result of such rash actions innocent people suffer and die, and the fate of the drivers themselves who do not think about the onset of sad and tragic consequences when they break the rules of the road.
Non-compliance with traffic rules and consequences
Failure to comply with traffic rules on the road is not always punishable only by bringing to administrative responsibility and paying a fine. It also threatens with criminal sanctions if, in the event of a traffic accident, the driver was injured or killed. This is indicated by article of the Criminal Code of the Russian Federation 264. Moreover, the most sad consequences are expected not only for the victims, but also for the culprit who, in the case of proven guilt, will be forced to serve his sentence, after which he will say goodbye to driving his transport for up to 3 years.
Crime Composition
A person can be found guilty only if in his actions the entire composition of the act is found, which has all the relevant signs. Article of the Criminal Code of the Russian Federation 264 provides for the punishment of a person only if in his actions there is non-compliance with the driving rules, as a result of which severe harm was caused to human health, or one or more people died.
This article provides the following:
- the subject will be the driver who controls the transport, which is considered a means with a high degree of danger to those around him;
- the subjective side will show the attitude of the person to the crime committed atrocity, admission of his guilt and imprudence of actions;
- the object will be driving safety and the use of transport, as well as the life and health of passengers and pedestrians;
- the objective side will consist of: violated traffic rules on the road, as well as the use of transport; causing severe damage to the health of road users or death, as well as from the relationship between the consequences of a road deed and violated rules.
In order to find the driver guilty of an accident in which people were injured or died, you need to have a complete and proven composition of this act.
Responsibility
For the commission of a road accident and the proven guilt of the driver he faces a considerable period of time, which will depend on the severity of the consequences of the accident on the road.
264 article of the Criminal Code of the Russian Federation part 1 definitely describes the punishment for a driver who violated the rules of traffic, which resulted in serious harm to human health. The punishment for this crime is up to 2 years in isolation from society with the deprivation of the right to drive vehicles up to 3 years. As a rule, the court in practice does not apply restraint of liberty or forced labor to careless drivers.
The second part of this article describes the responsibility for a traffic accident of a person who is driving while intoxicated, which as a result has led to grave consequences for human health. Here the punishment for the deed reaches 4 years in isolation from society with the deprivation of the right to drive moving vehicles up to 3 years. Forced labor in this case is almost never applied.
Article 264 of the Criminal Code of the Russian Federation (Article 3) contains a punishment for a person whose careless actions resulted in death to a person. This act is punishable by isolation from society for up to five years and deprivation of the right to drive transport for up to three. Another punishment, such as forced labor, is practically not applied by the court.
The crime committed by a person in a state of intoxication under part 4 of this article is punishable only by isolation from society for a period of 2 to 7 years with deprivation of driving rights for up to 3 years.
Parts 5 and 6 of Article 264 of the Criminal Code stipulate punishment for drivers of vehicles, through whose fault several people died. In part 5 only, the maximum punishment for sober persons is 7 years without freedom, and in part 6 of this article for drunken drivers it begins with 4 years and is sentenced to 9 years in prison. In both cases, there is also an additional punishment - this is deprivation of the right to drive up to 3 years.
Reconciliation with the affected party
Currently, the law allows reconciliation of the parties even in a situation where there are fatalities as a result of a road accident. It is only necessary to negotiate correctly with the injured party and make amends for the harm caused to it, which sometimes not everyone can do. You can make peace with the other side at the preliminary investigation stage or in court.
Section 76 of the Code of Conducts exempts from liability for the offender only if he reconciled with the injured party and made amends to it, as well as compensated for the damage that was caused as a result of the crime that was committed for the first time and relates to categories of small and medium severity. Article of the Criminal Code of the Russian Federation 264 fits into this category of acts, and therefore reconciliation of the parties is quite acceptable.
Moral injury
In addition to such punishment as imprisonment for several years with deprivation of the right to drive transport after serving the term, the perpetrator of the accident will also have to compensate the moral damage to the victim himself or his relatives if the person died as a result of an accident.
Currently, the amount of non-pecuniary damage assigned by the court for payment is quite large and can amount to several million rubles. But, unfortunately, not all unfortunate drivers can pay them immediately or after a long time. That is why delaying payments to the relatives of the deceased or the victim himself is not worth it. It is better to start paying before the trial, and even more so if the lawsuit has already been filed.
When assigning payments, the court takes into account the property status of the culprit and his dependents, which relatives of the victims do not always look at objectively. That is why the article of the Criminal Code of the Russian Federation 264 is considered the most severe in relation to the sentence imposed for reckless atrocity.
Type of correctional facility
When imposing a sentence of imprisonment for reckless drivers, the court chooses a correctional institution such as a colony of a settlement, where the perpetrator will have to travel on his own. He will be delivered under escort if he does not arrive at the place of serving the sentence in time.
Article 264 of the Criminal Code of the Russian Federation, part 3 does not imply a general regime colony, but only a settlement, because the death of a person occurred due to the carelessness of the driver, and this was an unintentional crime. Thus, by negligence in part 6 of the same article, a general regime may be assigned to a person.
Sometimes judges instead of settlements send guilty drivers to the general regime - this depends on the number of dead people and the attitude of the guilty person to the deed.
Drunk driving
Since last 2015, a new article of the Criminal Code of the Russian Federation appeared 264. 1, which was created specifically for drunk drivers who practice drunk driving by car or other transport. As a rule, these people were previously deprived of a driver’s license.
If earlier drunken drivers were attracted only to administrative punishment, now instead of this, when repeating such actions, a criminal case will be instituted. The punishment here is up to 3 years of deprivation of the right to drive transport, and also provides for isolation from society for up to 24 months. Other, less severe punishments may also apply .
Similar sanctions, only for grievous bodily harm, are contained in the Criminal Code of the Russian Federation, 2016, article 264 of which in the first part provides for punishment of up to 2 years in isolation from society with deprivation of the right to drive transport for up to 3 years.
Parole
It is quite difficult to achieve early release when convicted of a traffic accident, and now it is almost impossible, especially if the injured party wants revenge for the death of a loved one, or the injured person himself does not want his offender to leave the colony ahead of time. Therefore, in an accident with a fatal outcome of a pedestrian or passenger, where Article 264 of the Criminal Code of the Russian Federation is considered to be fundamental, 264, you can forget about early release, especially since now the court takes into account the opinion of the victims, on the basis of which it makes its decision.