Road accident with a fatality – what is the term, can there be a conditional term, amnesty?

Very often there are situations when violation of traffic rules (traffic rules) leads to the initiation of a criminal case. In particular, this applies to cases where the victim or victims died as a result of a traffic accident. Violation of traffic rules, which led to fatal consequences, involves criminal liability under Article 286 of the Criminal Code. In this article, we will consider what the term is provided for in a traffic accident with a fatality, whether there may be a conditional term or amnesty. We should also note that if you need the help of lawyers in criminal law, the specialists of our Prykhodko and Partners law office will help you with this.

Qualification of criminal actions for a traffic accident with a fatality

The main condition for the qualification of a road accident as a criminal case with subsequent prosecution of the culprit is the assignment of irreparable consequences for the health and life of the injured party.

The second and third part of Article 286 of the Criminal Code clearly states what liability is provided for a fatal road accident:

• Part two of Article 286 of the Criminal Code - deprivation of liberty for a term of 3 to 8 years. An additional sanction is deprivation of the right to drive vehicles for a period of up to 3 years.
• Part three of Article 286 of the Criminal Code - deprivation of liberty for a term of 5 to 10 years. An additional sanction is deprivation of the right to drive vehicles for a period of up to 3 years.

This responsibility applies to the perpetrators of road accidents, whose actions caused the death of several people.

Can there be a conditional term or amnesty for a fatal traffic accident?

To begin with, we note that the second part of Article 286 of the Criminal Code provides for deprivation of liberty for a term of up to 8 years. However, in some cases, the court may release the convict from imprisonment. Instead, there can be, for example, the establishment of a test, that is, the term of the so-called "examination period". It ranges from one to three years. Exemption from punishment under Article 286 of the Criminal Code under the right of amnesty is not uncommon.

Pursuant to the third part of Article 286 of the Criminal Code, the court may impose imprisonment of up to 10 years. However, if the prescribed punishment is imprisonment for a term of up to 5 years, the court may establish a probationary period of one to three years.

It is worth noting that in the process of determining the punishment, the opinion of the injured party (relatives of the person killed in the road accident) is of significant importance. In most cases, the claim of the injured party for compensation for material and moral damage is considered simultaneously with the criminal process.

Important: in cases where the driver was under the influence of alcohol at the time of the accident, no sanctions other than imprisonment are provided for. That is, this case excludes the release of a person from responsibility. The law does not provide for the application of a conditional term in such a case.

Assistance of lawyers in criminal proceedings related to road accidents

Criminal law specialists Prykhodko and Partners provide a full range of services in cases related to road accidents with fatal consequences:

• Consulting in 24/7 mode.
• Challenging the actions/inaction of representatives of law enforcement agencies.
• Direction of requests.
• Drafting of complaints, petitions, lawsuits.
• Representation of the interests of participants in a criminal case.
• Support and appointment of case expertise.

Even in the most difficult situations, remember that the involvement of professional lawyers is the key to success in a criminal case.

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