Criminal law prosecutes those who violate the law on the use of vehicles. There are special bodies that prosecute and supervise a specified area of public life.
Art. 267 of the Criminal Code
Violations include damage, breakdowns, disabling vehicles or their components, as well as roads, communication lines and other transport communications (for example, making changes to air transport engines, disassembling railway tracks, theft of the main elements of a car, damage to shipping vehicles and other). The corpus delicti is seen only in case of harm to human health or property damage. In the event that damage to the shipping vehicle resulted in the loss of cargo, as well as the death of citizens, several offenses are highlighted and an audit is carried out, according to which a decision is made to institute criminal proceedings under this article.
The article of the Criminal Code is divided into three parts, each of which provides for punishment. The smallest of these is part one, imputing up to 2 years in prison. The largest punishment is imprisonment of up to ten years, if the crime resulted in the death of several people. Thus, the crime is classified as serious.
A court sentence may be imposed conditionally if minor harm has been inflicted.
Vehicle groups
The transport infrastructure is well developed, so there are a large number of vehicles for various purposes. Let's consider some of them:
- Special vehicles. Manufacturers of such vehicles pursue not only a logistic goal, but also others (for example, tanks for participating in hostilities).
- Public transport. This group includes vehicles used to transport people and goods, as well as for trade.
- Individual transport. Cars purchased for personal use are the most striking and common example of such a group.
Transport can be divided depending on the type of movement.
- Ground.
- Air.
- Water.
- Space.
- A different kind.
Each species has its own characteristics and is regulated by separate regulatory acts. However, the TS unites the fact that all of them are means of increased danger.
Message paths
Ways of communication is a way that people use to travel. The concept acts as a security element of the movement system.
The options are as follows:
- Highways. The roadbed is universal. On the highway you can get from one point to another without using additional means of transportation (if you need to get to the mainland).
- Railways Used for the movement of trains. Road construction is expensive, as the rails are made of steel. In addition, railway transport is convenient for moving from one city to another, as well as in mountainous areas. Roads creep between the gorges. In addition, railway transport is convenient for planning long trips from one point of the state to another (Moscow - Vladivostok, for example).
- Navigable rivers. This type of movement is used in most cases for transportation of goods. Water transport moves due to specific traction.
- Sea ways. Maritime movement is the best of all, as it connects the mainland and island parts with each other. This transport is used both for moving passengers and for transporting goods.
- Airport terminals. Airspace is unique in its kind. This path is the fastest and does not require preparation of paths. You can get from anywhere in the world to the desired point. However, air travel is the most expensive.
- Pipeline transportation. This type is created for the movement of substances that are not amenable to movement by other means. For example, transportation of gas or water.
It is art. 267 of the Criminal Code regulates all offenses related to the above categories.
Investigative actions
In the event of a transport incident, a crime report is registered with the Ministry of the Interior and an audit is conducted. After a maximum period (30 days) based on the materials of the inspection, a decision is made to initiate a criminal case, to refuse this decision or to transfer it under jurisdiction.
A message is transmitted, for example, to the inquiry body, if the case falls within the competence of this body. According to Art. 267 of the Criminal Code of the Russian Federation, the corpus delicti may be absent due to non-harm to citizens and the environment.
Investigative actions include inspection, interrogation, interrogation, appointment of examinations and other actions that an authorized person will appoint.
There is a special transport police, transport investigative departments and regional offices that are authorized to investigate crimes under part 1 of art. 267 of the Criminal Code.
Specialized prosecutors
The prosecutor's office is a supervisory authority that monitors compliance with laws by ministries, departments, committees and other commercial organizations.
The specialized prosecutor’s office involved in transport supervision is called the transport prosecutor’s office in the federal district of the Russian Federation.
The powers of such state supervisory authorities include conducting control and supervisory measures for water, river, air, road and rail transport.
The transport prosecutor’s office does not have the authority to initiate criminal proceedings under art. 267 of the Criminal Code of the Russian Federation and other structures, however, it is authorized to verify all actions and decisions made by the transport police departments and the investigation.
Severity of guilt
Art. 267 of the Criminal Code with commentary, including on gravity. Crimes related to transport can be punished with fines or long-term imprisonment.
In practice, there are frequent cases when hooligans spoil vehicles, or isolate other elements from transport crimes (for example, theft).
Crimes related to hooliganism are punishable by fines of impressive proportions. Crimes related to negligence or other characteristics of the subjective party, which entailed the infliction of death, shall be punishable by deprivation of liberty for up to ten years. There are very frequent cases when a crime is committed without the direct intention of the person, since the TS is recognized as a means of increased danger and many factors can provoke offenses. Art. 267, part 1 of the Criminal Code of the Russian Federation with comments reveals the concept of actions that threaten the onset of an unlawful act. This qualification takes place, since the consequences can be very serious.
Art. 267 of the Criminal Code: corpus delicti
The corpus delicti is distinguished in the case when the presence of a subject, object, subjective and objective side of crimes is proved.
The deterioration of the vehicle and the means of communication includes the subject (the person who committed the crime), the object, social relations related to transport, the subjective side, that is, the proven guilt of the offender, and the objective side - causing physical or material harm.
The subject of a crime under the above article is a person who has reached the age of sixteen, sane.
The mental state is determined by the examination, however, a person may refuse to be examined at a medical institution, therefore, if necessary, a court order will be required.
Crime statistics
Transport units keep statistical records of crimes committed under Art. 267 of the Criminal Code. The crime rate for 2017 in Russia is higher than the rate of 2018 (the first half of the year). This indicates a decrease in crime. In addition, crimes against transport security often go into other formulations, the most common of which are theft and terrorism.
Criminal terrorist groups are aimed at committing crimes in crowded places, and therefore they mainly choose transport infrastructure, because a large number of people use the services of transport companies every day. The congestion attracts petty thieves, terrorists and other criminals who see the benefit of spoiling the vehicle and communications.