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Panasenko Oleksiy

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Lawyer under Article 286 of the Criminal Code – Violation of the rules of road traffic safety or operation of transport by persons driving vehicles

Reading time: 4 min.

Quite often, road accidents cause damage not only to property, but also to the health of its participants. Representatives of the National Police are investigating the accident as part of criminal proceedings. Lawyers Prykhodko and Partners protect the interests of clients under Article 286 of the Criminal Code. It can be both the culprits of the accident and the victims.

 

Liability under Article 286 of the Criminal Code

The degree of responsibility under Article 286 of the Criminal Code depends on the offense committed:

  • Penalties - up to 5000 NMDH, correctional work - up to 2 years, arrest - up to 6 months, restriction of freedom - up to 3 years - violation of traffic rules, which resulted in the victim causing bodily injuries of moderate severity.
  • Deprivation of liberty - up to 8 years, deprivation of the right to drive vehicles - up to 3 years - violation of traffic rules, which resulted in causing serious bodily injury or death to the victim.
  • Deprivation of liberty - up to 10 years, deprivation of the right to drive vehicles - up to 3 years - violation of traffic rules, which led to the death of several people.

Liability under Article 286 of the Criminal Code

Formation of a defense strategy under Article 286 of the Criminal Code

After our lawyers analyze the situation and work on the evidence base, the formation of a defense strategy under Article 286 of the Criminal Code begins. When it comes to protecting the suspect, the following strategies are possible:

  • Closing the case. In some cases, there is a possibility of closing the criminal proceedings due to the fact that there is no crime.
  • Reconciliation with the victim.
  • The line of defense, which provides for the minimization of punishment.

At a preliminary consultation, our lawyers explain to clients the riskiness and prospects of each of the above protection strategies. Based on the objective picture, we choose the most optimal of them.

 

Let us consider in more detail the procedure by which reconciliation with the victim is possible. The conditions for the possibility of exemption from liability under Article 286 of the Criminal Code on this basis are:

  • The suspect has no previous convictions.
  • Inflicting injuries of medium severity on the victim.
  • The culprit of the accident was not in a state of alcohol intoxication.
  • Full compensation for material and moral damage caused to the victim.

Parties that can "launch" the reconciliation procedure: victim, suspect, lawyer. After achieving the desired consolidation of actions, the parties turn to the representative of the investigative bodies with a statement. It is on the basis of the application that the prosecutor prepares a petition. This motion will be the basis for the upcoming court hearing regarding the closure of the criminal case.

The composition of the crime under Article 286 of the Criminal Code is:

  • Violation of traffic rules by the driver, which led to an accident.
  • The presence of the victim with bodily injuries of moderate severity or severe injuries that led to death.
  • The existence of a cause-and-effect relationship between violations of traffic rules and the consequences.

If the absence of one of the specified elements is proven during the case review, the case will be closed. This especially applies to cases when the pedestrian himself (the victim) violated traffic rules or the driver did not have the technical ability to avoid hitting the pedestrian.

Formation of a defense strategy under Article 286 of the Criminal Code

As for the protection of the victim in a traffic accident, we are guided by the client's goals:

  • Bringing the suspect to criminal liability with the maximum penalty.
  • Negotiating to obtain maximum compensation for damages.

Lawyers Prykhodko and Partners will make all necessary efforts to acquit the person accused under Article 286 of the Criminal Code or significantly minimize the punishment.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services under Article 286 of the Criminal Code, fill out the form below.

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Expert in criminal law. The lawyer specializes in crimes of corruption and bribery. Protect you in your criminal proceedings.

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