1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, resulting through negligence in causing grievous harm to human health, is punishable by restriction of freedom for a term of up to three years, or by forced labor for a term of up to two years. with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or arrest for a term of up to six months, or imprisonment for a term of up to two years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.
2. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting through negligence in causing grave harm to a person’s health, is punishable by forced labor for up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years. years or imprisonment for up to four years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
3. An act provided for in the first part of this article, resulting in the death of a person through negligence, is punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of liberty. the right to hold certain positions or engage in certain activities for a period of up to three years.
4. An act provided for in part one of this article, committed by a person in a state of intoxication, resulting in the death of a person through negligence, is punishable by imprisonment for a term of two to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. .
5. An act provided for in the first part of this article, resulting through negligence in the death of two or more persons, is punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to seven. years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
6. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in the death of two or more persons through negligence, is punishable by imprisonment for a term of four to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
Note. Lost force on July 1, 2015 - Federal Law of December 31, 2014 N 528-FZ. Notes. 1. In this article and Article 264.1 of this Code, other mechanical vehicles mean tractors, self-propelled road construction and other self-propelled machines, as well as vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety.
2. For the purposes of this article and Article 264.1 of this Code, a person who is in a state of intoxication is recognized as a person driving a vehicle if it is established that this person has consumed substances that cause alcoholic intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total error measurements established by the legislation of the Russian Federation on administrative offenses, or in the case of the presence of narcotic drugs or psychotropic substances in the body of this person, as well as a person driving a vehicle who has not complied with the legal requirement of an authorized official to undergo a medical examination for intoxication in the manner and on on the grounds provided for by the legislation of the Russian Federation.
Services of our lawyers
- free legal advice on Article 264 of the Criminal Code of the Russian Federation “Violation of traffic rules and operation of vehicles”;
- studying the case, building a defense strategy that will be as effective as possible;
- carrying out all necessary procedural actions (complaints, petitions, etc.) on your behalf;
- representation in court.
Seek professional advice - it is completely free and does not obligate you to anything. Consultations are provided by the same criminal lawyers who conduct cases and appear in courts.
It takes time to develop defense tactics. Even the most experienced lawyer needs to read the case briefly to decide how to defend you. Moreover, the investigator will hinder the defense lawyer in every possible way. Defense tactics are not just words. An experienced lawyer will “sweep aside” options that definitely won’t work. If it is useless to insist that the harm is not severe, but moderate, then there is no need to insist. We need to defend ourselves differently. For example, provide evidence that the victim himself is to blame for what happened, at least partially (for example, he crossed the road in the wrong place).
Don't delay. The sooner you come to a specialist, the greater the chances of a good outcome. A good outcome is an acquittal, probation or dismissal of the case. Call or write a message in the form below - we will help you!
What our criminal lawyers do to protect you
Having a criminal case against you is very stressful. We understand this. And during work, we not only protect you from possible illegal actions and harassment (which happen often), but also provide moral support.
More specifically, a criminal lawyer:
- Finds evidence of your innocence. Investigators need good statistics. Therefore, they are tempted to capture the innocent. If this happens, then you cannot do without a lawyer.
- Helps to reconcile with the victim, if necessary.
- Finds witnesses who testify in your favor.
- Present at procedural actions (interrogations, confrontations), ensures that your rights are not violated.
- Seeks mitigation or cancellation of the preventive measure. It is unlikely that the investigator will apply a harsh preventive measure under Article 264 of the Criminal Code of the Russian Federation, but this possibility should not be ruled out.
- Excludes from the case evidence that the investigator collected in violation of the Code of Criminal Procedure.
A complete list of what lawyers do at different stages of the criminal process to protect their clients can be found here.
The main thing is that you must understand that no one in the investigation, the prosecutor’s office and the court is interested in either an objective investigation or an acquittal. Only a lawyer really tries to protect you, because that is his job. And you don’t need to hope to defend yourself. Law is too complex a thing, and without experience and relevant knowledge, little will be achieved.
It is important to know: in cases under Article 264 of the Criminal Code of the Russian Federation “Violation of traffic rules and operation of vehicles,” examinations play a huge role - traceological and automotive technical, first of all. A criminal lawyer will organize examinations in your interests from independent experts, and not from departmental ones, because There is little hope for the objectivity of departmental specialists.
Opportunities to evade criminal liability
This can be done completely legally. The Criminal Code provides such an opportunity, but it is provided only for crimes of minor or medium gravity. That is, if you are accused under parts 1, 2 or 3 of Article 264 of the Criminal Code of the Russian Federation “Violation of traffic rules and operation of vehicles,” then there are chances. True, several conditions will need to be met.
Article 75 of the Criminal Code of the Russian Federation: “Exemption from criminal liability in connection with active repentance.”
It is necessary that:
- the crime was committed for the first time;
- the crime would be of minor or moderate gravity;
- you need to confess, help the investigator solve the crime, and not hide anything;
- compensate for damage or other harm (for example, pay for the treatment of the victim in a hospital).
Article 76 of the Criminal Code of the Russian Federation: “Exemption from liability in connection with reconciliation with the victim.”
For the court to apply this article, the following conditions must be met:
- the crime was committed for the first time;
- so that this was again an act of minor or moderate severity;
- make peace with the victim and make amends for the harm caused.
It is important to know: this method - making peace with the victim - really works and is used quite often. This is a real option not to get a criminal record and not go to prison. And victims quite often agree to this option.
There are two difficulties: the court is not obliged to exempt from liability under Art. 75 and 76. He has the right to do this, but is not obliged. This is the first one. And secondly, the victim may still not go to peace. He can become stubborn, stubborn, as they say. In both cases, an experienced criminal lawyer is needed: thanks to his experience, he will be able to “build bridges” to both the victim and the judge.
