Road accident with victims, Article 286 of the Code of Criminal Procedure – a lawyer for a road accident with a victim

For every person, a road accident (traffic accident) is a rather unpleasant situation. It can happen to any person. At the same time, it does not matter whether you follow the traffic rules or not. The risk of getting into an accident also does not depend on driving experience, gender or age. Article 286 of the Criminal Code of Ukraine regulates liability for road accidents with victims (injury of varying degrees of severity/death of the victim). Specialists of our Prykhodko and Partners law office provide legal services under Article 286 of the Criminal Code.

Peculiarities of criminal acts under Article 286 of the Criminal Code

Let’s start by discussing the factors that lead to criminal liability under Article 286 of the Criminal Code of Ukraine. Cases related to the occurrence of the following circumstances fall under this characteristic:

• An action that was provoked by a violation of the rules of operation of transport and traffic safety.
• The occurrence of serious consequences for the victim/victims.
• The presence of a direct cause-and-effect relationship between the committed act and its consequences.

The main goal of the investigator during the consideration of cases under Article 286 of the Criminal Code is to establish the identity of the victim. Often this is quite a problematic issue. Representatives of law enforcement agencies in most cases are in no hurry to recognize one or another party as a victim immediately after the opening of criminal proceedings. A person receives the status of a victim after a forensic medical examination. It is this examination that determines the nature and severity of bodily injuries. In addition, other examinations and investigative actions may be conducted.

In order to bring a person to criminal responsibility, it must be established what exactly was violated: operation of the vehicle, traffic rules, etc. The defining features of the composition of the crime are not the place and the environment.

The subject of the crime under Article 286 of the Criminal Code is a person who drives a vehicle. At the same time, it does not matter whether she was 16 at the time of the crime. In most cases, criminal actions under Article 286 of the Criminal Code fall under the category of “actions committed out of carelessness.” However, for this, it is worth enlisting the support of professional lawyers.

Liability under Article 286 of the Criminal Code of Ukraine

Article 286 of the Criminal Code provides for the following responsibility:

• Fines (from 3000 to 5000 NMDH).
• Repair works (term – up to 3 years).
• Arrest (up to 6 months).
• Restriction of freedom (maximum term – up to 3 years).
• Deprivation of liberty (from 3 to 12 years).

In addition, such a measure as deprivation of the right to drive vehicles is additionally applied – up to 3 years.

Assistance of a lawyer under Article 286 of the Criminal Code of Ukraine

Lawyers Prykhodko and Partners defend both the victim and the suspect/accused under Article 286 of the Criminal Code. The person of the victim in this case is the most vulnerable. That is why protecting the victim is quite a difficult matter. Among the difficulties that the victim may face:

• Closing the criminal case.
• Delaying the investigation.
• The suspect has pleaded not guilty.

As for the protection of the interests of the suspect/accused, there may be one of the options for ending the case: reconciliation with the injured party, proving the absence of a crime under Article 286 of the Criminal Code of Ukraine.

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.