Article 264 of the Criminal Code of the Russian Federation (as amended) provides for liability for violation of traffic rules by an entity operating a mechanical vehicle, if it, through negligence, caused serious damage to health. Consider the norm in more detail.
Article 264 of the Criminal Code: punishment
For violation of traffic rules or the procedure for operating the vehicle by a person driving a tram, car or other motor vehicle, which, through negligence, caused serious damage to health, it is assumed:
- At least 3 years of freedom restriction.
- Forced labor up to 2 years. In addition, the court may impose a ban on the performance of certain activities or stay at specific posts for at least 3 years.
- Arrest up to six months.
- Imprisonment for a period of up to 3 years. In addition, the court may establish a ban on engaging in specific activities or being in certain posts for the same period.
Aggravating circumstances
Article 264 of the Criminal Code (part two) establishes liability for the above acts committed by a subject in a state of intoxication. In this case, the perpetrator faces one of the punishments:
- Forced labor up to 3 years.
- Imprisonment up to 4 years.
In addition to each of the above punishments, a ban on engaging in specific activities or staying in certain posts for up to 3 years is added.
Qualifying Compositions
Article 264, part 3, of the Criminal Code of the Russian Federation defines liability for failure to comply with traffic rules or the procedure for operating the vehicle, resulting in the death of a person by negligence. For the specified act the guilty party is assigned:
- Forced labor up to 4 years.
- Up to 5 years in prison.
Additionally, for this act, part 3 of article 264 of the Criminal Code of the Russian Federation establishes a ban on engaging in specific activities or staying at certain posts for a period of up to 3 years. In the event that the death of one person was the result of a violation of the SDA or of the operation of the vehicle committed by the subject while intoxicated, the citizen faces imprisonment for 2-7 years. In addition, he will be prohibited from carrying out certain activities or holding specific posts for up to 3 years. In the event of the death of 2 or more persons, the following shall be appointed:
- Up to 5 years of forced labor.
- Up to 7 years in prison.
These penalties are additionally charged with a ban on staying at certain posts or performing specific activities for 3 years. If the death of 2 or more persons was the result of violations committed while intoxicated, the guilty person shall be sentenced to imprisonment of up to 9 years. In addition, a ban is imposed on the implementation of certain types of activities or stay at specific posts for 3 years.
Notes
Under other mechanical means, the considered norm and article 264.1 of the Criminal Code of the Russian Federation provide for self-propelled road-building and other machines, tractors, as well as other vehicles for which special rights are granted. A person acts as a subject in a state of intoxication if the fact of his use of alcohol-containing substances is established in relation to him. Their presence in the body is determined by the presence of absolute ethyl alcohol in an amount exceeding the possible total measurement error stipulated by law. The subject is also considered to be intoxicated if it is established that he has taken psychotropic / narcotic substances, or if the person refused to undergo a medical examination on the grounds and in the manner determined by the norms.
Article 264 of the Criminal Code with commentary
General issues related to the qualification of the crime in question are clarified by the Decree of the Plenum of the Armed Forces No. 25 dated December 9, 2008. The act, the liability for which is established by Article 264 of the Criminal Code of the Russian Federation, is aimed at safety when using the vehicle. As an additional object is the life and health of individuals.
Subject of crime
It is a mechanical vehicle. It must be self-propelled, that is, equipped with an autonomous engine. Article 264 of the Criminal Code of the Russian Federation indicates certain types of vehicles. These include, in particular, trams and cars. Other vehicles that perform not only directly transport, but also other functions are recognized as a vehicle for the purposes of this norm. These, in particular, include agricultural (combines, for example), road (pavers, graders, etc.), loading (truck cranes, etc.) machines. Mopeds and other cars driven by a motor, the working volume of which is not more than 50 cm 3, and the maximum design speed is not more than 50 km / h, as well as bicycles equipped with an outboard engine and other means with similar characteristics, do not belong to this category of vehicles; .
Specificity
A new article of the Criminal Code of the Russian Federation 264 establishes that the entities that controlled the above vehicles and committed violations of the SDA or the rules for their operation, which entailed, through negligence, grievous bodily harm or death of a person, are liable under Part 1 or 3 of Art. 268. This provision is established by paragraph two of plenary resolution No. 25. If the machine’s motor fails, and it moves manually, then the subject of the act is missing. In fact, a crime may qualify as a violation of the current rules for the safe operation of transport (Article 268). The machine can be towed by another vehicle and moved by it. In this case, in case of violation by the driver of the transported vehicle of the established rules, liability arises under the considered norm.
Features of the indictment
The preliminary investigation bodies and the court must indicate specific paragraphs of the SDA or operating rules that were violated by the subject, and what specifically the actions of the person consisted of. If the conclusion contains certain points, the failure to comply with which does not correspond to the real circumstances of the case established at the meeting, in accordance with the provisions of Article 237 of the Code of Criminal Procedure, a judge, on her own initiative or at the request of a party, may return the case to the prosecutor to properly file the charge. Moreover, this procedure should not be related to the completion of the incompleteness of the inquiry or preliminary investigation and should not worsen the situation of the accused.
Objective part
Article 264 of the Criminal Code of the Russian Federation defines liability for violation of the operating procedure of the vehicle or traffic rules, grievous bodily harm, death of one or more persons. Driving a vehicle - driving a car while it is moving. It starts from the moment when the vehicle starts moving, and ends with the stop of the entire chassis. Violation of the driving order can be expressed, for example, in excess of speed, failure to comply with the order of passage through intersections, improper overtaking, etc. Operation is a set of technical and organizational procedures for the safe use of the vehicle in accordance with its characteristics and purpose. Violation of these measures can be expressed, for example, in transportation of oversized cargo, parking in the wrong place, towing on a weak cable, transferring control of the product to an improper person, carriage of passengers in an un-equipped car, and so on.
Causal relationship
Article 264 of the Criminal Code of the Russian Federation is valid if the violations of the perpetrator entailed the corresponding consequences. A causal relationship is excluded if there were no non-compliance with the rules. For example, a pedestrian inadvertently fell under the rear wheel or deliberately threw himself under the car. The presence of physical interaction between the moving vehicle and the victim does not indicate a causal relationship. It exists in crimes for which Article 264 of the Criminal Code establishes liability. The normative nature determines causality in cases where there is no physical interaction. For example, the driver will be responsible for causing damage in a situation where, through his own wrong actions, he created obstacles to the movement, as a result of which the rest of the participants were forced to harm other entities. So, a citizen who has gone to the oncoming lane must be punished for the consequences if they have created obstacles for the driver driving the oncoming transport, who was not able to prevent the collision and stop, left the sidewalk and hit a pedestrian. The actions of the latter will qualify as an emergency or an innocent harm.
Technical ability to prevent an accident
The traffic rules establish requirements aimed at blocking violations. So, they indicate the procedure for the driver to respond to illegal actions allowed by other entities, as well as to the occurrence of various obstacles to normal movement. For example, article 264 of the Criminal Code of the Russian Federation applies to a citizen blinded by the light from the oncoming car and not stopping the vehicle, having hit a pedestrian as a result of this. When deciding on a causal relationship, it is determined that the subject has the technical ability to prevent the consequences. If it was not there, and it will be established that the accident was provoked not by him, but by other participants in the movement, liability is excluded. When determining the ability to prevent an accident, it is necessary to proceed from the traffic situation that preceded the accident. The danger to movement is considered to have arisen at the moment when the subject had an objective opportunity to detect it.
Subjective part
The crime under this article belongs to the category of reckless. In case of intentional harm (for example, hitting a citizen out of revenge), an encroachment on the person is determined. According to the commented article, the subject is a sane individual from 16 years old, who controls a vehicle designed to transport goods installed on it, or people. Not only the driver who passed the necessary exams and received a certificate can be found guilty, but also another person, including the one from whom this document was seized for previous violations. In this regard, when considering the circumstances, it is necessary to establish whether the citizen was deprived of the right to drive transport under Art. 12.8 Administrative Code for the fact of driving while intoxicated. If it is confirmed, then the time that he served under this article is counted during the additional punishment in the criminal case in the form of a ban on certain types of activities. In particular, we are talking about the deprivation of the right to drive vehicles.