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Article 286 of the Criminal Code of Ukraine – Violation of road traffic safety rules or transport operation by persons driving vehicles
Table of Contents:
In his life, every person can face such an unpleasant situation as a traffic accident (traffic accident). The results of accidents can be provoked by various factors, in particular, violation of road safety rules or operation of vehicles. These actions are subject to Article 286 of the Criminal Code of Ukraine. If you need a lawyer for this article, we recommend that you enlist the support of the specialists of our Prykhodko and Partners law office.
Algorithm of actions if you are the culprit of the accident
If your actions provoked a traffic accident, you should follow simple recommendations. First of all, don't even think about leaving the scene of the accident. This will only lead to a worsening of your situation. It is also very important to immediately call an ambulance and the patrol police. Such actions can be decisive in preserving the health and life of the victim.
After that, call a lawyer. The support of a specialist will avoid a number of errors in the process of drawing up the protocol. Also, our lawyers will do everything possible to minimize liability for offenses.
Thus, you should remember that your actions after committing an accident can significantly affect the extent of your future liability.
Determination of liability under Article 286 of the Criminal Code
Liability under Article 286 of the Criminal Code of Ukraine occurs as a result of violation of traffic rules or operation of vehicles. The degree of punishment under this article depends, in most cases, on the consequences caused by the traffic accident:
- Actions that resulted in the victim suffering moderate injuries.
Level of responsibility: fines from 3 to 5 thousand NMDH; corrective works for up to 2 years; arrest for up to 6 months; restriction of freedom for up to 3 years.
- Actions that resulted in serious bodily injury to the victim.
The degree of responsibility: deprivation of liberty for a term of 3 to 8 years; in some cases - deprivation of the right to drive vehicles for up to 3 years.
- Actions that lead to the death of one or more people.
The degree of responsibility: deprivation of liberty for a term of 5 to 10 years; deprivation of the right to drive vehicles for up to 3 years.
Effective interaction with a lawyer is the key to success
Let's consider the 2 main strategies that our lawyers use under Article 286 of the Criminal Code.
This is, first of all, an attempt at reconciliation with the injured party. If the perpetrator of the road accident reconciles with the victim, he can be released from criminal liability. Reconciliation can be based on the elimination of the harm caused or compensation for the damage caused. Of course, this is impossible without the consent of the injured party. Reconciliation with the victim is the best option. It provides neither punishment nor criminal record. Also, a person is not deprived of the right to drive a vehicle.
Another strategy is to prove the absence of a criminal offense.
Composition of illegal actions under Article 286 of the Criminal Code:
- Violation of traffic rules or operation of vehicles.
- Inflicting medium and severe injuries to the victim.
- Presence of causal relationships.
In the absence of at least one of the elements, the committed actions cannot be interpreted according to Article 286 of the Criminal Code. In this case, the main task of our lawyers is to prove the driver's innocence in committing a traffic accident.
In any case, we will do everything possible for your acquittal or substantial mitigation of the sentence.
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