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CRIMINAL LIABILITY FOR ACCIDENT WITH THE VICTIM. EFFECTS. CLOSURE OF THE CASE FOR RECONCILIATION OF THE PARTIES

During the first half of this year, 2,765 people were injured and 2,215 died as a result of traffic accidents. Although the situation on the roads has slightly improved compared to 2019, it remains tragic. One of the most common causes of accidents is drunk driving and speeding.

 Adoption and enforcement of legislation in the field of traffic, unfortunately, is not effective enough. The development and effective enforcement of legislation is essential to combat drunk driving and speeding, as well as to increase the use of safety helmets, seat belts and child restraints. Compliance with all five risk factors is usually low, indicating the need for more effective compliance with road safety laws. This requires political will and the provision of sufficient human and financial resources to law enforcement agencies so that they can take effective enforcement measures. Law enforcement measures must be widely publicized, sustainable and implemented through appropriate measures and penalties for violations of the law.

In Ukraine, liability for accidents is provided the current Criminal Code and the Code of Ukraine on Administrative Offenses. What is the difference other than the severity of the punishment? The administrator is liable for an accident when the damage is purely material, such as damage to a vehicle, without harm to the health of the victim, or when the victim suffered a “maximum” of minor injuries in the form of bruises, bruises, abrasions, bruises, scratches. In this case, the perpetrator will be liable to a fine of 340 hryvnias or deprivation of the right to drive vehicles from 6 months to one year.

If a person is injured as a result of an accident of medium severity, the liability under Part 1 of Article 286 of the Criminal Code, and if the accident caused the death of the victim (death of several persons) or caused serious injury, liability under parts 2.3 of Article 286 Of the Criminal Code.

Consider in more detail Part 1 of Article 286 of the Criminal Code. This article provides for liability in the form of a fine of 51 thousand to 85 thousand hryvnias, correctional labor for up to two years, arrest for up to 6 months, restriction of liberty for up to three years with mandatory deprivation of the right to drive for up to three years.

The accident falls under Part 1 of Article 286 of the Criminal Code, provided that the victim suffered moderate injuries (which is not life-threatening and did not entail the consequences provided for serious injuries, but caused: a long-term health disorder. I or a significant permanent disability of less than one third).

Please notethat injuries resulting from an accident must be in a direct causal relationship between the act and the consequences. That is, bodily injuries received by a person even shortly before the accident may not constitute a criminal offense under Part 1 of Article 286 of the Criminal Code.

When investigating an accident, the investigator of the pre-trial investigation body must:

inspect the scene, draw up a plan-scheme of the accident, attach a photo / video recording to the report, enter information about the criminal offense in the Unified Register of Pre-Trial Investigations, interrogate the victim, apply to the local court. forensic medical examination of the victim, in the presence of witnesses to interrogate them, in order to preserve physical evidence (the perpetrator’s car) within 24 hours to apply to the court with a request to seize the vehicle, to apply to the court with a request for forensic examination, establishing the mechanism and causes of the accident, after establishing injuries, examinations, if there are sufficient grounds, the investigator must notify the guilty person of suspicion of committing a criminal offense under the relevant part of Article 286 of the Criminal Code of Ukraine. After notification of the suspicion, conduct an investigative experiment with the participation of the suspect, in order to verify the information obtained from the technical examination. Draw up and approve an indictment from the procedural manager, acquaint the victim and the suspect with the materials of the criminal proceedings, attach a civil claim of the victim and send it to the court for consideration on the merits.

How can a criminal accident case be closed?

The current Criminal Code provides for the legal possibility of not bringing a guilty person to criminal responsibility if the guilty:

  • has not previously been prosecuted;
  • reconciled with the victim;
  • fully reimbursed all damages / eliminated the damage.

If all the above conditions are met, the investigator still sends the case to court, but the court as a result of consideration applies the provisions of Article 46 of the Criminal Code of Ukraine and releases the perpetrator from criminal liability.

In order to protect your rights, seek legal assistance from a lawyer. “Prikhodko & Partners” Law Firm will provide you with quality, professional legal assistance.

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