Article 264 of the Criminal Code: violation of traffic rules. Article 264 of the Criminal Code of the Russian Federation with comments

To date, the whole world around us is increasingly automated. In other words, people use new technologies in their activities, which previously were something fantastic. If to pay attention, computers 10 years ago were used only at large enterprises. Today, this gadget can be found in almost every home. Similar electronic tools are also mobile phones, tablets and other similar items. Technical evolution of this scale shows the genius and power of the entire human race. However, along with the familiar to all of us objects, there are gadgets that have appeared long ago, but have evolved over time. These are cars. Today, this attribute of modern existence is the object of the desire of many people. Cars are produced by different manufacturers in a large number of interpretations. However, the convenience of machines is bordered by a high level of their danger. This feature is the subject of debate among many scientists. The fact that the car - a source of increased danger, led to the creation of a special legal framework for the regulation of the relevant relationship. When driving a vehicle, each person should be aware of the existence of regulations that restrict certain actions. An example is the rules of criminal liability, which contain provisions on the most serious violations of traffic rules on the road.

What is crime?

In the theory of law, there are many different institutions. Most of them belong to certain legal branches. An example in this case are crimes related to criminal law. These laws regulate a relationship of its own kind. Criminal law touches upon all the points directly related to the commission by people of socially dangerous acts, that is, the most pernicious, which are crimes.

This category is significantly different from other, beyond the general legal framework of actions, offenses. In both cases, we are talking about a completely different degree of danger consequences. Thus, crimes are actions that cause the greatest harm to the surrounding world and specific individuals.

Crimes in the field of transport management

It should be noted that Article 264 of the Criminal Code of the Russian Federation is not the only norm in which the scope of criminal liability for violations of the established rules for transport management has been concluded. As mentioned earlier, any "gadget" designed to facilitate the movement of a person is a source of extreme danger.

If you look at the statistics, a large number of people today are dying due to traffic accidents. Of course, not always drivers violate the rules of driving the car on purpose. However, in most cases, this kind of negative action is the result of neglect of security. For this reason, the criminal law establishes responsibility for the most damaging violations of the rules of transport management, which cause invaluable harm to human life and health.

Article 264 of the Criminal Code: commentary

In a special part of the Criminal Code of the Russian Federation, there is a section where crimes are collected, the object of which is the safety of the operation of transport and traffic. Article 264 of the Criminal Code establishes provisions on a socially dangerous act.

The rule consists of six parts. In each of them, certain variations of the crime are presented. In general, article 264 of the Criminal Code of the Russian Federation criminalizes the violation of the rules for the operation of cars and traffic on the road.

The key feature of the crime

It should be noted that the composition of article 264 of the Criminal Code is quite specific. The key feature is manifested in the subjective side of this crime. Regardless of the qualifying part of the act, it must in all cases be characterized by imprudence. That is, the subject of the crime in this case, although aware of the danger of their actions, but for various reasons, lightly rejects their offensive.

Another feature of the socially dangerous act, which provides for article 264 of the Criminal Code, lies in its objective side. According to the criminal law, actions fall under the rules of legal responsibility only if they entailed the onset of harm of a grave form.

Why is the crime reckless?

Very often, beginning lawyers-practitioners do not understand why the subjective side of the above-mentioned socially dangerous act is characterized by imprudence. If you pay attention, then Art. 264 Part 3 of the Criminal Code and other elements of the article contain a note on the impossibility of committing a crime intentionally.

In this case everything is quite simple. If a person commits, for example, hitting a person intentionally, this will not be qualified as a violation of traffic rules. After all, the subject had a design that allowed the use of the car. In other words, in such a situation, there will be damage to a certain severity or murder (attempted murder).

Article 264 of the Criminal Code of the Russian Federation, part 1

Part 1 of the above-mentioned article fixes the most "classic" type of violation of traffic rules on the road. In other words, it is an act that is not burdened by any consequences or other acts of the objective side. In this case, we are talking about violations of traffic rules, which entailed grave consequences. In this article it is indicated that the subject of the crime is a person who directly manages a car or some other vehicle of a mechanical nature. This note often causes confusion in the process of law enforcement practice. However, the legislator explains that "other mechanical means" are any kind of self-propelled vehicles, for the management of which rights are required.

It should be noted that Art. 264 of the Criminal Code contains in its composition the consequences of the composition of the crime. Vedomosti about them are contained in other parts of the article. To understand all the features of the act, you need to consider each element of the norm.

Features of Part 2 and 3 of Article 264

Any socially dangerous act can be burdened by certain moments of reality. The legislator took this fact into account when creating this legal norm. Thus, 2 and 3 p. Article 264 of the Criminal Code establishes acts whose composition is characterized by specific features. For example, Part Two regulates the legal liability for violation of traffic rules by persons in a state of intoxication. Other moments of the crime remain unchanged, for example, the fact of negligence of the act and the presence of serious consequences.

Regarding part 264.3 of the Criminal Code of the Russian Federation, the key feature here is the outcome of the committed act. Here the responsibility comes only in the event that the violation of traffic rules, carried out by negligence, led to the death of a person.

Specifics of Part 4 and 5 of Article 264

No less interesting are other elements of the previously mentioned legal norm. The peculiarity of the fourth part is the specific subject of the crime and the consequences of its commission. As before, we are talking about imprudent actions. However, in the case of Part 4, the subject will be a person driving a car or other transport in a state of intoxication, the actions of which entailed human death. In part 5 of Art. 264 the subject is common. That is, any person who was behind the wheel or other control apparatus could be involved. But the consequence must necessarily be the death of two or more people.

Part Six

The most serious socially dangerous act is that which is provided for by Part 6 of Art. 264 of the Criminal Code. In this case, the legislator allows the application of the most detrimental to the subject measures of criminal responsibility, for example, imprisonment for up to 9 years. Thus, a crime can be qualified according to this norm, if a person, being in a state of intoxication, violated the rules of traffic on the road, which led to the death of several people.

Thus, the violation of road rules can lead to the appearance of rather disastrous consequences. Therefore, each and every driver must remember the safety of his own and those around him.