Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Lawyer in criminal cases during a traffic accident
If as a result of a road accident, its participants received bodily injuries (moderate or severe) or died, representatives of law enforcement agencies initiate a criminal case, in particular, under Article 286 of the Criminal Code of Ukraine. The victim is defined as a person whose interests and rights were violated by the perpetrator of the accident. If you have become a participant in criminal proceedings of this category, a lawyer in criminal cases during a road accident from our law firm “Prikhodko and Partners” will help you.
Main signs of criminal traffic accidents
Criminal cases during a traffic accident have the following signs:
- Violation of traffic rules by one of the participants in the accident.
The perpetrator of the accident may be charged with:
- Speeding.
- Ignoring traffic light regulations.
- Failure to comply with the rules of rebuilding.
- Use of alcohol or drugs.
If law enforcement officers establish that the perpetrator of the accident was under the influence of alcohol or prohibited substances, this almost always leads to criminal liability.
- Damage to private property.
The actions of the person accused of committing a traffic accident can lead to significant material damage, destruction, etc.
- The actions of the driver led to the creation of an emergency and dangerous situation on the road.
- Bodily injuries (moderate or severe), death of the victim.
So, if the result of a road accident is harm to the health or life of a person, the case will be investigated within the framework of criminal proceedings.
Representatives of the investigative and operational group draw up:
- A road accident scheme.
- Inspection protocol.
In addition, law enforcement officers interview participants and witnesses of the accident. Participants in the road accident are also sent for a medical examination. The materials compiled at the scene of the accident are transferred to the investigator. It is the investigator who is responsible for entering information about the road accident into the Unified Register of Pre-Trial Investigations.
Criminal liability for road accidents with victims
First, let’s define the components of illegal activity under Article 286 of the Criminal Code of Ukraine.
The direct object of the crime is the safety of transport and traffic operation. An additional mandatory object is the health and life of a person. As for the objective side of the crime, it is formed by:
- Action.
- Circumstances.
- Consequences.
- The presence of a causal relationship between the act and its consequences.
The basis of the act is a violation of the rules for the operation of transport or road safety rules. The specified act can be a consequence of both action and inaction.
Among the characteristics of the situation is the movement of vehicles. In order to incriminate the actions of a person under Article 286 of the Criminal Code of Ukraine, there must be a direct causal relationship between the act and the consequences. The crime is characterized as completed from the moment of the occurrence of the consequences specified in the above article.
The subject of illegal activity is special. This is a person who has reached the age of 16 and is sane. The subjective side of criminal activity is the attitude of the perpetrator to the consequences of the accident.
Among the qualifying features of a road accident with victims:
- Causing harm to the health/life of a person.
- Death of one/several people.
Criminal liability under Article 286 of the Criminal Code of Ukraine depends on the actions committed:
- Under part one: a fine of up to 500 minimum monthly wages, restriction of liberty for up to 3 years.
- Under part two: imprisonment for a term of up to 8 years.
- Under part three: imprisonment for a term of up to 10 years.
Additionally, deprivation of the right to drive a vehicle may be applied.
Lawyer’s assistance in criminal cases during a road accident
If you are a participant in criminal proceedings under Article 286 of the Criminal Code of Ukraine, it is important to enlist the support of a professional lawyer as soon as possible.
How can a lawyer help a suspect? First, the lawyers of “Prikhodko and Partners” will make every effort to release you from criminal liability. We work exclusively within the current legal framework.
Secondly, our lawyers will do everything possible to reclassify the article. Thirdly, quite often, through the mediation of lawyers, it is possible to reach a reconciliation with the injured party. This is the basis for closing the criminal case.
Our lawyers go to the scene of the road accident, record the circumstances of the incident, collect data about the participants in the road accident. At the stage of the pre-trial investigation, we collect evidence and prepare the necessary documents.
So, our main recommendation is not to panic and involve a lawyer. Lawyers of “Prikhodko & Partners” will be able to protect your legal rights and interests.
Do you have any more questions? We are waiting for a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services in criminal cases during a traffic accident, fill out the form below.
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Have you been involved in a traffic accident?
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Are you being charged with Article 286 of the Criminal Code of Ukraine?
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Do you need help urgently?
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Are you located in Kyiv or Kyiv region?
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