When does criminal liability arise in a fatal accident or with injuries?

What traffic violations are subject to criminal liability in an accident?

There are not many of them, and almost all of them are associated with either serious consequences for the health of the victims or the death of people, or with the intoxication of the culprit, his hiding from the scene of the accident, or his refusal to undergo a medical examination. Moreover, if all these listed circumstances are present in combination (for example, the culprit killed a pedestrian and was drunk), then the punishment will be more severe.

However, there are other types of liability. Thus, in 2022, there are the following violations that may lead to punishment under one or another article of the Criminal Code of the Russian Federation:

1. fatal accident (in this case, the most severe criminal liability - especially if the culprit was drunk, fled or refused a medical examination),
2. Road accidents with victims diagnosed with serious harm to health,
3. intentional collision with people, other cars or anything else, if there is even slight harm to the health of the victims,
4. destruction of other cars.

Please note that the very fact of violating a particular clause of the traffic rules, as well as the severity of such an offense, does not in any way affect the possibility of criminal punishment for an accident. It is the consequences in the form of people injured or killed that matter.

For example, if a driver ran a red signal at a busy intersection or if he just slightly drove out of his lane, but both of these violations led to the same consequences, then such a driver will bear the same responsibility under a criminal article... Other things being equal, of course.

Causes of fatal road accidents

In fact, there are many reasons for such an incident. Accidents with fatalities occur both due to the driver’s fault and without it. Most often the reason is:

Driving while drunk. In this case, the reaction slows down and the driver cannot react in time to the emerging danger. It is also impossible to soberly assess your driving skills;

Gross traffic violations:

• driving into oncoming traffic;
• driving through an intersection on a red traffic light;
• and exceeding the speed limit.

Currently, many motorists resort to such violations, thinking that they are already experienced. The same list includes the use of unsafe maneuvers: changing lanes, turning, etc., without being convinced of their safety. Such mistakes are most often made by “newbies”.

As a rule, traffic police officers identify what caused the accident. Usually these are the reasons. Cases where a driver complied with all traffic rules and speed limits, but still caused an accident with a deceased person, are extremely rare. It is in such situations that you have the opportunity to justify your actions. If the cause of the accident is discovered, then punishment is inevitable.

Summary table of criminal penalties in 2022

So, let’s immediately summarize all further discussion in this article and immediately present possible measures of criminal liability for committing an accident.
Table of criminal liability for road accidents

How are these punishments different?

Let us now explain what these responsibilities listed in the right column are and what they are.

• A fine - everything is simple here, it is an obligation to pay your hard-earned money to the state budget as punishment. The largest amount is established for repeated intoxication for the third time under Part 2 of Article 264.1 of the Criminal Code of the Russian Federation - up to 500,000 rubles.
• Compulsory work is the obligation of a convicted person to work for the benefit of society (as a janitor, for example) in his free time from his main job. The person is not paid anything for this work.
• Correctional labor differs from mandatory labor in that 5 to 20% of money is withheld from your salary in favor of the state.
• But there is also forced labor - here, as with correctional labor, exactly the same percentage is withheld. However, as with compulsory work, here the convicted person no longer works at the place of his main job, but in another place, usually appointed by the court.
• By restricting freedom, a person is prohibited from either not leaving home, or not leaving his city, or not appearing in certain places and near them, at events, and so on.
• Arrest is the most isolating punishment. That is, a person is placed in prison without society.
• Deprivation of liberty already takes place in colonies or medical institutions.

Top participants

A criminal case was initiated on the basis of violation of traffic rules and operation of a vehicle, which resulted in the death of a person through negligence (punishment of up to 5 years in prison).

Udo article 264 “b” part 3 art. 79 of the Criminal Code of the Russian Federation). Those. in this case, to apply parole, it is necessary to serve at least 1 year of imprisonment.

V. under secretary Milomaeva A.B. considered in open court the cassation appeal of the convicted Maslyukov against the decision by which Maslyukov, born DD.MM.YYYY - convicted DD.MM.YYYY under Part.

In this case, the person may be fully or partially released from serving an additional type of punishment. 2.

Sergey-Go from [51.1K] Well? To be continued. So. submitted an application for parole consideration. The meeting took place in October. Well? As predicted by dred70 (classified not as moderate, but as severe). and therefore they said 1/3 of the term is “not enough” for consideration, they say you need 1/2 of the term, that is, 2 years. They asked to submit for March 2022. But. there is one more BUT!

Evgeniy, thank you very much. The inspector imposed on me that I supposedly had to check in... But they never called... Personal consultation Do you want to ask a direct question to a specific professional? Easily!

At the same time, the Duma Committee on Legislation tried to expand the list of exceptions, when the amnesty would not be applied under any circumstances.

The term of punishment is calculated from DD.MM.YYYY. After hearing the report of the judge of the Kursk Regional Court Volkov A.A. convicted Maslyukov V.P. and his lawyer Rzhanykh E.V.

When replacing the unserved part of the sentence, the court may choose any milder type of punishment in accordance with the types of punishments specified in Article 44 of this Code, within the limits provided for by this Code for each type of punishment.

Last year in March, a friend was sentenced under Article 264 Part 4 to 4 years in a penal colony for an accident committed in the National Assembly with a fatal outcome. And he arrived at the colony-settlement to serve his sentence in May of the same year.

The most important criminal article for an accident is 264 of the Criminal Code of the Russian Federation!

Despite the fact that criminal liability for committing an accident is represented by a large number of articles of the Criminal Code of the Russian Federation, most often drivers are prosecuted under Article 264. The car moves fast and heavy, therefore it is a source of increased danger. That is why when drivers, passengers or pedestrians make mistakes that lead to accidents, people are often injured. Less often - dead. Although, if we are talking about a collision with a pedestrian, then the number of deaths in statistics can increase significantly.

Consequently, for the culprit of such an accident with grave consequences, a special article of the Criminal Code has been prepared, which provides for certain types of punishment depending on the severity of the consequences or the condition of the guilty driver himself.

So, this article of the Code provides for penalties depending on the severity of the consequences:

• if serious harm has been caused to the health of one or more victims,
• if there was a fatal accident with one fatality,
• if 2 or more people died in an accident.

Please note that in case of minor or moderate harm to health, the culprit is subject to an administrative charge with possible deprivation of rights or a fine - 12.24 of the Code of Administrative Offenses of the Russian Federation.

But it is not only the severity of the consequences that influences punishments. Depending on the circumstances relating to the culprit himself, responsibility also changes:

• if the culprit of the accident was sober, then “standard” punishments are applied,
• if the driver turns out to be drunk, and this is confirmed by the results of the examination, then more severe penalties will be imposed.

Please note that in order to impose a more severe punishment, the culprit of the accident may not only be drunk. In this case, this also includes hiding from the scene of an incident and refusing a medical examination. Another very important point is that the driver must be the violator in order to become the culprit of the accident. And its violation must be in a direct cause-and-effect relationship with the collision. For example, the absence of a compulsory motor liability insurance policy for such a person is a violation of the law, however, it cannot lead to the incident itself. Therefore, the Supreme Court, in Resolution of the Plenum No. 25 of December 9, 2008, directly stated (paragraph 3) that in this case the court must indicate specific violated points of the traffic rules that caused the accident. If it is established that both participants in the accident are guilty of each other, then both will be held criminally liable.

Extenuating circumstances

Mitigating circumstances are determined by Article 61 of the Criminal Code of the Russian Federation

• pregnancy;
• presence of young children;
• the juvenile age of the perpetrator;
• committing a violation for the first time;
• positive driving experience;
• surrender, active assistance in the investigation of the crime;
• provision of medical assistance to the victim at the scene of the accident, voluntary compensation for property damage and moral damage, and other actions to make amends for the harm caused to the victim.

IMPORTANT! If the culprit of the accident himself died, then the criminal case is closed under Art. 24 clause 4 “Criminal Procedure Code of the Russian Federation” dated December 18, 2001 N 174-FZ, due to the death of the culprit.

What are the conditions for criminal liability for an accident without victims?

Meanwhile, not only if there are victims, people may face criminal charges. And in the table you can see confirmation of this. There are 2 standards of punishment without harm to health.

1. Article 264.1 in its first part contains strict criminal liability if you were drunk, but were previously prosecuted under Article 12.8 of the Code of Administrative Offenses of the Russian Federation. Part 2 of the same article implies even more stringent measures if the driver was previously prosecuted under Part 1 of Article 264.1 of the Criminal Code of the Russian Federation. By the way, the term of this very “previously involved” is 1 year from the moment of full execution of the first punishment: full payment of the fine or expiration of the terms of deprivation of rights or other penalties (depending on what comes first). That is, we are talking about minor minor accidents, where damage was caused only to property, but when the arriving traffic police officers identified a drunk participant, regardless of guilt. Well, the main condition for prosecution under a criminal article is the fact that the person has previously (within the last year of probation) been charged with intoxication.
2. There is also Article 267.1, which provides for criminal liability for hooliganism that entailed a violation of the safe use of vehicles. However, it is rarely used - more often hooligans still face administrative liability (if there were no consequences).

When can I expect parole under Article 264 Part 4?

We are very interested in the issue of parole. If the article is serious, then we go to 1/2, but if it is moderate, then 1/3?

If so, what do I need to provide to the court to do this? If not, on what basis can I be refused? Thank you very much in advance! Alexander (04/16/2014 at 10:31:39) Please pay your attention to the article of the Criminal Code of the Russian Federation that I cited below and the words I highlighted. Article 79. I had an accident under Art. 264 part 3. The court imposed a sentence of 3 (three) years of deprivation of the right to drive a vehicle, 2 (two) years of suspended imprisonment and 2 (two) years of probation. 1 (one) year and 2 (two) months have already passed since the sentencing. I have a question. Can I count on parole?

Is everything really THAT bad? After all, he is unlikely to “earn” such a sum in places of detention. Parole was denied under Part 4 of Art.

What happens if there are victims?

Now let's take a closer look at Article 264 of the Criminal Code of the Russian Federation!

If there are people injured in an accident who have suffered slight or moderate harm to health, liability is provided under the Administrative Code - Article 12.24. Sanctions for it range from a fine of 2,500 rubles to deprivation of a driver’s license for up to 2 years.

And now, actually, about criminal liability...

Liability for an accident with serious consequences for human health

So, any violation of traffic rules or any other law or regulation that led to an accident subjects the driver to punishment, in our case under Part 1 of Article 264 of the Criminal Code of the Russian Federation, which is precisely responsible for serious harm to human health.

And here the driver faces:

• restriction of freedom for up to 3 years,
• or forced labor for up to 2 years with deprivation of rights for up to 3 years or without such deprivation,
• or arrest for up to six months,
• or imprisonment for up to 2 years with deprivation of a driver’s license for up to 3 years or without such deprivation.

Moreover, there are no specific clear signs of serious consequences. And judges, in their own opinion, assess this harm based on the results of a forensic examination. However, in Russia there is Government Resolution No. 522, which establishes general criteria for serious harm to health:

• loss of hearing, speech, other organ or complete loss of its main function,
• if the harm is life-threatening (here it is, a fuzzy criterion),
• abortion,
• mental disorder of the victim in an accident,
• facial disfigurement that cannot be corrected by medicine,
• loss of general ability to work by 1/3 or more,
• loss of professional ability to work (for example, if a person works as a programmer and has lost his fingers, or if they are in place, but are incorrigibly paralyzed).

If the culprit was drunk or fled

Let us repeat once again that in this case, refusal of a medical examination is also equivalent to a drunken accident.

And the punishments here are applied under Part 2 of Article 264, they are much stricter:

• forced labor for up to 5 years with deprivation of a driver’s license for up to 3 years,
• or imprisonment for a term of 3 to 7 years with deprivation of a driver’s license for up to 3 years.

The subtlety of two articles of the Criminal Code of the Russian Federation for a drunk driver

A more interesting and at the same time sad situation arises if the culprit has been subject to administrative or criminal punishment for intoxication, and he is again caught drunk with serious harm to health or death of the victims.

In this case, the case can be qualified according to two standards:

• Article 264 for harm to health or death in an accident,
• and 264.1 for repeated intoxication.

However, in essence, Article 264 is more private, and a person cannot be prosecuted twice for one violation.

However, the jurisprudence of 2022 believes otherwise. The Resolution of the Plenum of the Supreme Court No. 25 of December 9, 2008 states that in this case different elements of crimes are formed, and such a person must be subject to criminal liability under both of these norms.

10.8. If a person commits an act provided for in parts 2, 4 or 6 of Article 264 of the Criminal Code of the Russian Federation, and was previously subjected to administrative punishment under parts 1 or 3 of Article 12.8 or Article 12.26 of the Code of Administrative Offenses of the Russian Federation, or has a criminal record for committing a crime provided for in parts 2, 4 or 6 of Article 264 or Article 2641 of the Criminal Code of the Russian Federation, then what was done constitutes a set of crimes provided for in the relevant part of Article 264 and Article 2641 of the Criminal Code of the Russian Federation.

Reconciliation with the injured party

If the court considers that the crime committed falls into the category of minor or moderate severity, and the culprit committed this for the first time, then a chance arises, according to Art.
76 of the Criminal Code of the Russian Federation, for reconciliation with the injured party. There is no way to compensate the deceased. The injured party will be represented by close relatives of the deceased, guardians, etc. If the injured party files a motion to dismiss the case due to conciliation, the case will be terminated.

However, closing a criminal case after reconciliation of the parties (Article 25 of the Code of Criminal Procedure of the Russian Federation) is a right, not an obligation of the court. The court must thoroughly examine

• public danger of the crime;
• information about the identity of the culprit;
• whether pressure was exerted on the victim;
• what was done by the defendant to make amends for the harm caused, etc. (Clause 16 of the current edition of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 N 25 “On judicial practice in cases of crimes related to violation of traffic rules and operation of vehicles, as well as their unlawful taking without the purpose of theft”)

ON A NOTE! It is useful to remember about payments under compulsory motor liability insurance, which the family of the victim will receive guaranteed, without any gestures of goodwill on the part of the person responsible for the accident.

According to Art. 7 of the current edition of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners,” the insurer under the MTPL policy pays the maximum amount to victims as compensation for damage caused:

• health or life of each victim - 500,000 rubles;
• property of each victim, 400,000 rubles.

You cannot drive while intoxicated. Even if something irreparable happens and the driver becomes responsible for the death of another person, he has a chance not to go to jail. Otherwise, it will not be possible to avoid imprisonment for at least two years. Even with a whole list of mitigating circumstances.

Liability for a fatal accident

In the event that the accident ends in death, then the punishment will be significantly harsher than for serious consequences. And here there are also 2 measures of responsibility:

1. if the culprit was sober, then Part 3 of Article 264 of the Criminal Code of the Russian Federation is subject to application - from forced labor for up to 4 years to imprisonment for up to 5 years, and in addition, deprivation of rights for up to 3 years is applied,
2. if the guilty participant in the accident was drunk, refused to undergo testing for alcohol and drugs, or left the scene of the accident, then he faces Part 4 of the same article with imprisonment for 5-12 years and deprivation of rights for up to 3 years.

What happens if there are several victims or dead?

This entails the most severe criminal penalties in current legislation as of 2022. Namely:

1. if as a result of a driver’s violation while sober, people (at least two) died, then liability will be under Part 5 of Article 264 - from forced labor for up to 5 years and to imprisonment for up to 7 years with deprivation of rights for up to 3 years,
2. if the culprit was drunk, did not comply with the requirement to undergo a medical examination, or left the scene of an accident, then Part 6 of Article 264 - imprisonment for 8-15 years with deprivation of a driver’s license for up to 3 years.

When can I expect parole under Article 264 Part 4?

You can also write a petition to the court to mitigate the remaining part of the sentence. As a rule, imprisonment is replaced by correctional labor at the place of residence with the deduction of up to 20% of the salary as state income. But you can live at home. although you will have to work where they tell you to.

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.

We are all well aware of the popular saying: “Don’t swear off prison or money.” In fact, none of us is immune from various surprises and accidents, and each person can suddenly get sick or, by the will of fate, get into a rather unpleasant story.

What does the local police officer have to do with it? Apparently this is another example of our own “lawmaking” on the ground. The law does not require any request to the district police officer, and if they really needed it, I don’t understand why they couldn’t make the request themselves. You know, this is a mystery to me, this is the first time I’ve encountered something like this. By the way, what is the request about?

What if a passenger in the culprit's car was injured?

Please note that criminal liability may begin to apply not only in cases where the driver, through his culpable actions, collided with another car, where another person was injured or killed, and not only when hitting a pedestrian. Even if the traffic violator had a passenger in the car, the driver may be held liable. And, if in the case of a taxi car, for example, this is logical and natural, then in the case when a spouse is sitting next to you in the passenger seat, for example, it is no longer so.

Nevertheless, it is true! Even if only the car of the person responsible for the accident was damaged (for example, in a collision with a tree), and a passenger also suffered serious injury or died, the driver will bear criminal liability.

Death as a result of an accident

According to statistics, about 85 thousand road accidents occur in Russia every year. About 13 thousand people are killed in them, and more than 100 thousand are injured. Unfortunately, every year these numbers do not decrease, but on the contrary, they increase. This is due to the increase in the number of cars on the roads, and some of them are old and cannot provide safe movement.

The government and traffic police are trying to reduce the number of fatal accidents. This is achieved through high-quality road repairs, opening new routes, as well as introducing more stringent restrictions for drivers and constant patrolling of dangerous areas. At the moment, although such measures help, they are not as good as we would like. Therefore, penalties for the consequences of such an accident are still provided and are quite strict so that drivers understand the seriousness.

In such an accident, many nuances arise, since the type of punishment will be assigned in accordance with the Criminal Code of the Russian Federation, as well as the Traffic Rules. Usually such a case takes a long time to be considered in court, as all the circumstances of what happened are clarified. However, the investigation cannot continue for more than a year. In some cases, the driver is found not guilty, but this is very rare.

Criminal liability for committing such a violation begins at the age of 14 years. Of course, at this age it is impossible to obtain a driver’s license, but a collision with a pedestrian can also be committed on a moped or scooter. However, the minority of the culprit is a mitigating circumstance, so the punishment in this case will not be too severe.

It is worth noting that the culprit should take several actions immediately after the accident in order not to increase the punishment in the future. The first thing to do is call an ambulance and ask what to do before they arrive. This is how you can help the victim of an accident, if this is still possible. Only after this is it necessary to call traffic police officers, who will formalize everything.

Is it possible to avoid deprivation of rights under Article 264 of the Criminal Code of the Russian Federation?

Yes, it is possible, but not always.

Yes, part 1 of Article 264 of the Criminal Code of the Russian Federation implies the appointment of deprivation of a driver’s license at the discretion of the judge - when a sober driver has caused serious harm to health. This, in turn, will depend on the combination of mitigating and aggravating factors in an accident.

Meanwhile, despite the fact that according to other standards, deprivation is provided unconditionally - that is, it is assigned in any case, it can still be avoided. The fact is that the Supreme Court in the same PPVS No. 25 in paragraph 12 indicated that additional punishment can also be abolished in a specific court verdict on the basis of Article 64 of the Criminal Code of the Russian Federation.

And it is precisely in Article 64 that in exceptional cases additional punishment may not be imposed. In this case, such circumstances may include:

• circumstances mitigating the social danger of the crime,
• driver assistance after an accident to victims,
• reconciliation of the parties.

At the same time, there may be one or several such factors in a case. Of course, it is better to have as many such factors as possible.

Thus, if there are grounds and at the discretion of the court, deprivation of rights when brought to criminal liability can be avoided - even in cases where it is provided for by the relevant norm of the article of the Criminal Code of the Russian Federation.

When an accident with a fatality is classified as a crime

The culprit receives punishment only if someone died as a result of the accident. However, it is not always possible to determine on the spot whether there are dead or missing. This is not always possible to determine at the scene of the accident, as cases vary.

For example, doctors cite cases where the victims’ lives were not in danger and they felt fine, but after a short period they died. If this was related to the accident and there is a direct connection, then the accused will be punished. Otherwise, punishment can be avoided.

There have also been cases when a person was in serious condition after an accident, but survived. However, then the punishment is still provided, although not as severe as for death. This is regarded as causing grievous bodily harm.

Some drivers with a weak heart may become frightened before a collision, causing a heart attack and death.

According to Article 264 of the Criminal Code of the Russian Federation, the culprit is the driver who violated traffic rules and because of this there was an accident with one or more deaths. In this case, the guilty person is held criminally liable. It is important that death occurred precisely because of the blow, and not because of fright or a heart attack. The driver must not intentionally commit an accident with malicious intent, otherwise it will be regarded as murder.

What are the criminal penalties for intentional accidents?

We looked at them in the table above. And these include those articles that do not directly imply intentional harm to health specifically in an accident. We are talking about the general norms of the Criminal Code of the Russian Federation:

1. Article 105 – murder,
2. Article 115 – intentional minor harm to health,
3. Article 112 – intentional harm of medium gravity,
4. Article 111 – intentional minor harm.

Moreover, if such harm was caused through negligence, then the culprit of such an accident will be punished under Article 12.24 of the Code of Administrative Offenses of the Russian Federation. But if it is proven that the driver deliberately committed the collision with evil intentions, then he will face criminal liability.

Criminal Code of the Russian Federation for failure to provide assistance to the victim

There is another pitfall in terms of leaving the scene of an accident. If the driver escaped while the victim was in a helpless state - that is, he received serious harm to health, which is qualified under Part 1 of Article 264 of the Criminal Code, then the escaped person may be charged under another article - 125 of the Criminal Code of the Russian Federation.

And most importantly, even if you were not the culprit of such an accident, but nevertheless drove away from the scene and left a helpless victim without calling medical help, this does not affect prosecution under Article 125 of the Criminal Code. You can still be punished, since the elements of leaving in danger are formed specifically in this inaction of the driver.

The fact that this article also applies to cases of road accidents was once confirmed by the Supreme Court in paragraph 19 of PPVS No. 25.

Aggravating circumstances

When sentenced in court, the term may be increased. Most often this happens for the following reasons:

• relapse;
• state of alcoholic intoxication at the time of the accident;
• death of people or serious harm to their health;
• special role in the commission of a crime.

All these reasons relate to aggravating circumstances and if they are recorded, the term will be increased. These may include any other actions that cause worse consequences. Sometimes these include the use of psychotropic substances or drugs.

Is it possible to avoid punishment in 2022 and how?

Yes, of course you can. The same as when applying any other punishment. The whole point is that in order to hold a person accountable, a number of factors and circumstances must coincide. If one of them is missing, then the person cannot be attracted. In addition, there are factors that, at the discretion of the court, may help avoid punishment.

However, a full and comprehensive consideration of all such circumstances may require several new articles, since avoiding responsibility is a very important issue that should be studied in as much detail as possible. Moreover, you will definitely need a lawyer for this.

However, let us list the main circumstances.

Minority

The most accurate and specific factor contributing to the ability to avoid criminal liability 100% is age. If a person at the time of attraction has not reached 16 years of age, if he is attracted under articles 264, 264.1 or 268 of those discussed by us, then he cannot be punished. As for intentional harm, under Articles 105, 111 and 112 the age is reduced to 14 years. This is stated in Article 20 of the Criminal Code of the Russian Federation.

Reconciliation of the parties

Another opportunity to avoid criminal punishment is the reconciliation of the culprit of the accident with the victims or the closest relatives of the deceased as a result of his guilty actions. However, such reconciliation does not in all cases provide the possibility of release from liability.

To do this, the following conditions must be met:

1. the consequences of an accident must be of minor or moderate severity,
2. in fact, the parties must reconcile, which must either be reflected on paper or agreed upon by the parties in front of the judge in the courtroom,
3. the culprit must compensate (make amends for the harm caused).

These factors are listed in the relevant Article 76 of the Criminal Code of the Russian Federation.

Regarding the first point, then

• minor crimes include those whose punishment carries no more than 3 years of imprisonment,
• to the average - imprisonment of up to 5 years for intentional crimes and up to 10 years for careless ones.

Thus, it is possible to avoid criminal liability in connection with the reconciliation of the parties under all articles of the Criminal Code for road accidents, except for those related to the death of a person: premeditated murder (Article 105) and causing death under Article 264 parts 4 and 6 while intoxicated.

If the victim or deceased is to blame

Another important factor is a mitigating one and therefore, together with the reconciliation of the parties, for example, can increase the chances that you will not be subject to criminal punishment (or at least mitigate it).

The point is that, in addition to the obvious guilt of the culprit driver, the violation was also committed by the victim or those killed in the accident. For example, a pedestrian violated the rules for crossing the road at a pedestrian crossing.

Paragraph 10 of the Resolution of the Plenum of the Supreme Court states that in this case this is a mitigating factor for the crime. However, the exception to this rule is passengers in the same car that the culprit was driving.

Deadlines for filing parole under Article 264 Part 4?

Crimes of medium gravity are… careless acts for which the maximum punishment provided for by this Code exceeds three years of imprisonment.

Articles on vandalism (Part 2 of Article 212 of the Criminal Code), explosives (Parts 2 and 3 of Article 222.1 of the Criminal Code), circulation of counterfeit medicines (Parts 2 and 3 of Article 238.1 of the Criminal Code), said United Russia, have also been added to the prohibitory list .

Those who committed road accidents with deaths will not be able to count on amnesty, as well as those convicted of using violence against a government official. Today, the State Duma approved in the third reading the presidential version of the amnesty resolution, having previously revised it. But thanks to the efforts of United Russia members, holders of state awards will be exempt from punishment. The lawyer became involved in the case from the moment the criminal case was initiated. After the charges were filed, the case was sent to court. In court, after compensation for damage to the injured party, the lawyer filed a motion to terminate the criminal case in connection with the reconciliation of the parties.

If the culprit died, who will be held accountable?

Nobody!

Here you need to understand that the Criminal (and Administrative Code too) works to prevent subsequent crimes and correct the convicted person. And if the convicted person is not alive, then who should correct himself?!

Therefore, no one under any circumstances can bring the innocent relatives of a convicted person to criminal responsibility. Thus, part 1 of Article 43 indicates that punishment applies only to a person found guilty of a crime.

Thus, if both innocent persons and the culprit himself died in an accident, then there will be no one to hold accountable.

Can the traffic police confiscate a car?

No.

Confiscation of a criminal's property is a separate procedure clearly described by law. It is also described in what cases such property can be confiscated. And these cases are listed in Article 104.1 of the Criminal Code of the Russian Federation. There are no articles 264, 264.1 and others listed in our material, which are the basis for this.

In addition, even in order to compensate for damage to victims, they cannot confiscate a car within the meaning of Article 104.3 of the Criminal Code. However, keep in mind that in the case of a civil case for compensation of a particular damage, if there is nothing to take from the culprit in a simple way, then the car can be taken away and sold in order to compensate for the damage. But this is done purely by court decision and by bailiffs.