Article of the Criminal Code of the Russian Federation 264: violation of traffic rules and the operation of vehicles

A large number of traffic accidents always forces drivers to think about safer driving and not get drunk behind the wheel, because as a result of such rash actions, innocent people suffer and die, and the fates of the drivers themselves, who do not think about the onset of sad and tragic consequences , When they violate the rules of traffic on the roads.

Non-compliance with the SDA and the 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 road accident, the driver has suffered or killed people. This is indicated by the article of the Criminal Code of the Russian Federation. 264. The most unfortunate consequences here are expected not only by the injured, but also by the perpetrator, who, if proven guilty, will have to serve a sentence, after which he will say goodbye to driving his transport for up to 3 years.

Composition of the crime

A person can be convicted only if the whole composition of the act, which has all the relevant signs, is found in his actions. Article of the Criminal Code of the Russian Federation 264 provides for the punishment of a person only if there is a violation of the rules of driving in his actions, as a result of which a great harm to human health or death of one or several people has occurred.

The following is published on this article:

• The subject will be the driver, the manager of transport, which is considered a means with a high degree of danger for the surrounding people;
• The subjective side will show the person's attitude to the committed road crime, the recognition of his guilt and imprudence of actions;
• The object will be the safety of driving 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 serious damage to the health of road users or death, and also the connection between the consequences of road traffic and the violated rules.

In order to recognize the driver as guilty of an accident in which people were injured or killed, one must have a full and proven composition of the act.

A responsibility

For committing a road accident and a proven fault of the driver, he faces a considerable time, which will depend on the severity of the consequences of the incident on the road.

Article 264 of the Russian Criminal Code, Part 1, specifically describes the punishment for a driver who violated the rules of traffic, which resulted in causing serious harm to human health. The punishment for this crime is up to 2 years in isolation from the society with the deprivation of the rights to drive up to 3 years. As a rule, the court in practice does not apply to imprudent drivers restriction of freedom or forced labor.

The second part of this article describes the responsibility for the transport accident of a person who is driving while intoxicated, which resulted in serious consequences for human health. Here the punishment for the offense reaches 4 years in isolation from society with the deprivation of the right to manage moving vehicles up to 3 years. Forced work in this case is almost not applied.

Article 264 of the Criminal Code of the Russian Federation (art. 3) contains punishment for a person who, through careless actions, caused death to a person. This act is punishable by isolation from society up to five years and deprivation of the right to drive up to three. There is practically no other punishment, such as forced labor, by the court.

The crime committed by a person in a state of intoxicated under part 4 of this article is punishable only by isolation from the company for a period of 2 to 7 years with deprivation of driving rights up to 3 years.

Parts 5 and 6 of Article 264 of the Criminal Law Code provide for punishment for drivers of transport, through the fault of which several people were killed. Only in part 5 the maximum punishment for sober persons is 7 years without freedom, and in part 6 of this article for drunken drivers it starts at 4 years and is injected with 9 years of imprisonment. In both cases, there is also an additional punishment - this deprivation of the right to drive up to 3 years.

Reconciliation with the affected party

At present, the law allows for the reconciliation of the parties even in the situation when the road accident results in deaths. It is only necessary to properly agree with the injured party and make amends for the damage done to her, which sometimes not everyone can do. You can reconcile with the other party at the stage of preliminary investigation or in court.

Article 76 of the Code on Acts exempts from responsibility for the culprit caused by the accident only if he has reconciled with the injured party and has cleared his guilt before him, and also reimbursed the damage that was caused as a result of the crime that was committed for the first time and relates to Category of small and medium gravity. Article of the Criminal Code of the Russian Federation 264 suits this category of deeds, and therefore reconciliation of the parties is entirely acceptable.

Moral injury

In addition to such punishment as deprivation of liberty for several years with deprivation of the rights to transport management after serving the term, the perpetrator of the accident also has to compensate the moral damage to the injured or his relatives if the person died as a result of an accident.

At present, the amounts of moral damage that the court makes for payment are quite large and can amount to several million rubles. But, unfortunately, not all grief-drivers can pay them off right away or after a long time. That is why it is not worth delaying payments to the relatives of the deceased or the victim himself. 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 perpetrator and the availability of dependents, on which the relatives of the victims do not always look objectively. That is why the article of the Criminal Code of the Russian Federation 264 is considered to be the most severe with regard to the punishment being imposed for a careless crime.

Type of Correctional Facility

When imposing a sentence of imprisonment for imprudent drivers, the court selects a correctional institution, such as a colony of the settlement, where the guilty person will have to travel on his own. He will be brought under escort if he does not arrive on time to the place of serving the sentence.

Article 264 of the Criminal Code of the Russian Federation, Part 3, does not imply a colony of a general regime, but only a settlement, because the death of a person occurred due to the negligence of the driver, and this was an unintentional crime. Thus, by negligence in part 6 of the same article, a person may be assigned a general regime.

Sometimes judges instead of settlements send guilty drivers to the general regime - it depends on the number of dead persons and the attitude of the guilty to the deed.

Drunk driving

Since last year, a new article appeared in the Criminal Code of the Russian Federation No. 264. 1, which was created specifically for drunk drivers practicing drunken driving or other transport. As a rule, these people were previously deprived of a driver's license.

If before drunk driving was involved only in administrative punishment, now instead of repeating such actions a criminal case will be instituted. The punishment here is up to 3 years of deprivation of the right to transport management, and also provides for isolation from the society for a period of up to 24 months. Also other, less severe types of punishment can be used .

Similar sanctions, only for serious harm to health, contain the Criminal Code of the Russian Federation 2016, article 264 of which on the first part provides for punishment of up to 2 years in isolation from the society with deprivation of the right to drive up to 3 years.

UDO

Getting early release when convicted of a road accident is difficult, and now it is almost impossible, especially if the injured party wants revenge for the death of a loved one, or the injured person does not want his offender to leave the colony early. Therefore, for an accident with a fatal outcome of a pedestrian or passenger, where 264 part 3 of the Criminal Code of the Russian Federation is considered fundamental, early release can be forgotten, especially since now the court takes into account the opinion of the victims, on the basis of which it makes its decision.