Article 264 of the Criminal Code of the Russian Federation with commentaries. Violation of traffic rules and vehicle operation

Article 264 of the Criminal Code of the Russian Federation (in a new wording) provides for liability for violation of traffic rules by a person who manages a mechanical vehicle, if it by negligence caused serious damage to health. Let us further consider the norm in more detail.

Article 264 of the Criminal Code: punishment

For violation of traffic rules or the procedure for the operation of the vehicle by a person managing a tram, a car and other motor vehicles that entailed inadvertently serious damage to health, it is assumed:

1. At least 3 years of restriction of freedom.
2. Forced labor up to 2 years. In addition, the court may impose a ban on the performance of certain activities or stay in specific positions for at least 3 years.
3. Arrest to six months.
4. Imprisonment for a period of up to 3 years. In addition, the court may impose a ban on engaging in specific activities or being in certain positions for the same period.

Aggravating circumstances

Article 264 of the Criminal Code (part two) establishes responsibility for the above acts committed by a subject in a state of intoxication. In this case, the guilty person faces one of the punishments:

1. Forced labor up to 3 years.
2. Imprisonment up to 4 years.

In addition to each of the above penalties, a ban on engaging in specific activities or staying in certain positions for up to 3 years is added.

Qualifying compounds

Article 264, part 3, of the Criminal Code defines liability for failure to comply with traffic rules or the procedure for operating a vehicle, which, by negligence, resulted in the death of a person. For the specified act the guilty person is appointed:

1. Forced labor up to 4 years.
2. Up to 5 years in prison.

In addition, for this act, part 3 of Article 264 of the Criminal Code establishes a ban on engaging in specific activities or staying in certain posts for a period of up to 3 years. In the event that the death of one person was the result of violation of SDA or the procedure for operating the vehicle, committed by the subject in a state of intoxication, a citizen faces imprisonment for 2-7 years. In addition, he will be prohibited from carrying out certain activities or staying in specific positions for up to 3 years. In the event of the death of 2 or more persons:

1. Up to 5 years of forced labor.
2. Up to 7 years in prison.

These penalties are additionally imposed a ban on being in certain positions or performing specific activities for 3 years. If the death of 2 or more persons was the result of violations committed in a state of intoxication, the perpetrator is sentenced to imprisonment up to 9 years. In addition, a ban is imposed on the performance of certain types of activities or stay in specific positions for 3 years.

Notes

Under other mechanical means, the norm in question and Article 264.1 of the Criminal Code of the Russian Federation provide for self-propelled road construction and other machinery, tractors, as well as other vehicles for which special rights are granted. As a subject who is in a state of intoxication, a person acts if the fact of his use of alcohol-containing substances is established in relation to him. Their presence in the body is determined by the presence of absolute ethyl alcohol in an amount exceeding the possible total measurement error provided for by law. The subject is also considered to be intoxicated if the fact of taking psychotropic / narcotic substances is established, or if the person has refused to undergo medical examination on the grounds and in the manner prescribed by the rules.

Article 264 of the Criminal Code of the Russian Federation with comments

General issues related to the qualification of the crime in question are explained by the Decision of the Plenum of the Armed Forces No.25 of 09.12.2008. The action for which Article 264 of the Criminal Code of the Russian Federation is responsible is aimed at safety when using the vehicle. As an additional object is the life and health of natural persons.

Subject of crime

He is a mechanical vehicle. It should be self-propelled, that is, be equipped with an autonomous engine. Article 264 of the Criminal Code refers to certain types of vehicles. To them, in particular, include trams, cars. The vehicle for the purposes of the rule in question is recognized and other vehicles that perform not only transport, but also other functions. These include, in particular, agricultural (harvesters, for example), road (asphalt pavers, motor graders, etc.), loading (truck cranes, etc.) machines. The mopeds and other vehicles driven by a motor with a working volume of not more than 50 cm ³ and a maximum design speed of not more than 50 km / h, as well as bicycles equipped with a outboard engine and other means with similar characteristics .

Specificity

A new article of the Criminal Code of the Russian Federation 264 establishes that subjects who managed the above TS and committed violations of traffic rules or the rules of their operation, which caused by negligence the infliction of grave damage to health or the death of a person, if there are appropriate grounds, are liable under part 1 or 3 of Art. 268. This provision was established by the second plenary decision No. 25. If the engine of the machine has failed, and it moves by hand, then the object of the act is missing. In fact, a crime can be qualified as a violation of the current rules for the safe operation of transport (article 268). The machine can be towed by another vehicle and moved by it. In this case, if the driver of the transported vehicle violates the established rules, the responsibility for the rule in question occurs.

Features of the indictment

The preliminary investigation bodies and the court must specify the specific points of traffic rules or operating rules that were violated by the subject, and what exactly the person's actions were. If the conclusion contains separate items, the non-fulfillment of which does not correspond to the actual circumstances of the case, established at the meeting, in accordance with the provisions of Art. 237 of the Code of Criminal Procedure, a judge may, on his own initiative or at the request of a party, return the case to the prosecutor for the proper preparation of the charge. However, this procedure should not be related to the completion of incompleteness of the conducted inquiry or preliminary investigation and should not worsen the situation of the accused.

The objective part

Article 264 of the Criminal Code defines liability for violation of the procedure for operating the vehicle or traffic rules, causing serious damage to health, death of one or more persons. Driving a vehicle means controlling the machine during its movement. It begins with the moment when the vehicle starts moving, and ends with the suspension of the entire running gear. Violation of the order of driving can be expressed, for example, in excess of speed, non-fulfillment of the order of passage through intersections, wrong overtaking and so on. The operation is a complex of technical and organizational procedures for the safe use of the vehicle in accordance with its characteristics and purpose. Violation of these measures can be expressed, for example, in the transportation of oversized cargo, parking in an unauthorized place, towing on a weak cable, transferring control to an improper person, transporting passengers on an unequipped machine, etc.

Causal connection

Article 264 of the Criminal Code of the Russian Federation is effective if the violations of the guilty party lead to the relevant consequences. Causal communication is excluded, if there was no non-compliance with the rules. For example, a pedestrian, by his imprudence, fell under the rear wheel or deliberately rushed under the car. The presence of physical interaction between the moving vehicle and the victim does not indicate a causal relationship. It exists in crimes for which Article 264 of the Criminal Code of the Russian Federation establishes responsibility. The normative nature causes a causal relationship in the absence of physical interaction. For example, the driver will be responsible for causing damage in a situation where by his own wrong actions he created interference to the movement, as a result of which the other participants were forced to cause harm to other actors. So, a citizen who left for a meeting should be punished for the consequences if they were prevented by the driver driving the oncoming transport, who had no opportunity to prevent a collision and stop, went to the sidewalk and shot down a pedestrian. The actions of the latter will be qualified as an extreme necessity or innocent damage.

Technical possibility to prevent an accident

The SDA establishes requirements aimed at blocking violations. So, they specify the order of the driver's response to illegal actions allowed by other subjects, as well as the occurrence of various obstacles to normal traffic. For example, to a citizen blinded by the light from a counter car and not stopping the vehicle that hit a pedestrian as a result of this, Article 264 of the Criminal Code of the Russian Federation is applied. When deciding on a causal relationship, it is determined that the subject has the technical ability to prevent consequences. If it was not, and it will be established that the accident was not provoked by them, but by other participants in the movement, responsibility is excluded. When determining the possibility to prevent an accident, it is necessary to proceed from the traffic situation that preceded the accident. The danger to movement is considered to have arisen at a time when the subject had an objective opportunity to detect it.

The subjective part

The crime under the article in question falls into the category of imprudent. In case of intentional damage (for example, a hit on a citizen from revenge), an encroachment on the person is determined. As the subject of the commented article is a sane person from 16 years of age who manages the vehicle intended for the transport of goods installed on it or people. Guilty can be recognized not only the driver who passed the necessary examinations and received the certificate, but also another person, including the one from whom the document was confiscated for earlier violations. In this regard, when examining circumstances, it is necessary to establish whether a citizen was deprived of the right to manage transport under Art. 12.8 CoAO for the fact of being behind the wheel in a state of intoxication. If it is confirmed, then the term sent by him for the said article is counted in the period of additional punishment in the criminal case in the form of a ban on the performance of certain types of activities. In particular, we are talking about the deprivation of the right to drive.