ST 264 of the Criminal Code of the Russian Federation.
1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which through negligence entailed the infliction of grave harm to human health, -
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
2. An act provided for in the first part of this article, which through negligence entailed the infliction of grave harm to a person’s health, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be 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 three 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.
3. An act provided for in the first part of this article, resulting in the death of a person through negligence, -
shall be 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 the right to hold certain positions or engage in certain activities for a term of up to three years.
4. An act provided for in the first part of this article, resulting in the death of a person through negligence, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by imprisonment for a term of five to twelve 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 in the death of two or more persons through negligence, -
shall be 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 term of up to three years.
6. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. No longer valid as of July 1, 2015.
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 Articles 263 and 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 the total measurement error established by the legislation of the Russian Federation on administrative offenses, or in the case of the presence in the body of this person of narcotic drugs, psychotropic substances or their analogues or new potentially dangerous psychoactive substances, as well as a person driving a vehicle who has not complied with the legal requirement of an authorized official about undergoing a medical examination for intoxication in the manner and on the grounds provided for by the legislation of the Russian Federation.
Commentary to Art. 264 Criminal Code
1. The subject of the crime is motor vehicles, cars, trams and other vehicles. In accordance with the note to this article, these include trolleybuses, as well as tractors and other self-propelled vehicles (for example, truck cranes, graders, combines, etc.), motorcycles and other mechanical vehicles. In accordance with paragraph. 9 tbsp. 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety” “a vehicle is a device intended for transporting people, goods or equipment installed on it along the roads.” According to the Road Traffic Rules 1993, motor vehicles are vehicles driven by an engine. The term also applies to any tractors and self-propelled machines. To motor vehicles in accordance with paragraph. 2 clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 N 25, in particular, includes cars, buses, trolleybuses, trams, motorcycles, quadricycles, mopeds, etc. According to Note 1 to the commented article, tractors, self-propelled road construction and other self-propelled vehicles, as well as vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety, are recognized as other mechanical vehicles. If the vehicle is moved manually by pushing, then the subject of this crime is absent. Within the meaning of this article, military, special and other transport vehicles that are the subject of a crime under Art. 350 of the Criminal Code of the Russian Federation.
2. The objective side of the crime is expressed in the form of action or inaction. Violation of vehicle traffic safety rules can be expressed in driving through a prohibiting signal, failure to comply with the speed limit, driving into the oncoming lane, etc. Violation of the rules for operating a vehicle can be expressed in parking a vehicle in the wrong place, transporting passengers in an unequipped vehicle, operating technically faulty vehicles, etc. A mandatory feature of a crime is the occurrence of socially dangerous consequences due to negligence: grave harm to human health (parts 1 and 2), death of a person (parts 3 and 4), death of two or more persons (parts 5 and 6). In this case, it is necessary to establish a cause-and-effect relationship between violation of traffic safety rules and transport operation and the socially dangerous consequences that occur. For the application of Art. 264 of the Criminal Code of the Russian Federation, the location of the crime is important: driving a vehicle must be carried out within the boundaries of the roads.
3. The crime is recognized as completed from the moment the socially dangerous consequences specified in the law occur. In the absence of such consequences, the actions may be qualified according to the norms of Chapter. 12 Code of Administrative Offenses of the Russian Federation.
4. The subject under parts 1, 3 and 5 of the article is special: a person who has reached the age of 16 and directly drives the vehicle or is responsible for its operation. The subject of the crime can be either a professional driver or a person who does not have a driver’s license of the established form, or any other person from whom this document was confiscated in accordance with the procedure established by law, as well as a person teaching driving on a training vehicle with dual controls. To qualify an act under Art. 264 of the Criminal Code of the Russian Federation, it does not matter whose ownership the vehicle is. According to Parts 2, 4 and 6 of Art. 264 of the Criminal Code, the subjects of a crime can be the same persons, but in a state of intoxication (note 2 to the article).
The fact that a person driving a vehicle uses substances that cause alcohol intoxication must be established based on the results of an examination for alcohol intoxication and (or) a medical examination for intoxication, and the presence of narcotic drugs or psychotropic substances in the body of such a person must be established based on the results of a chemical test. toxicological studies during a medical examination for intoxication (clause 10.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25).
5. A person who drove vehicles other than the specified mechanical vehicles (for example, bicycles) and committed a violation of traffic safety rules or the operation of vehicles, which through negligence resulted in the infliction of serious harm to health or the death of a person, if there are grounds for this, is liable respectively, according to Part 1, 2 or 3 of Art. 268 of the Criminal Code of the Russian Federation (paragraph 3, paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25).
6. In cases where the person driving the vehicle intentionally used it to cause harm to the health of the victim or cause his death, the act entails criminal liability under the articles of the Special Part of the Criminal Code on crimes against life and health.
What can mitigate or increase guilt?
The table shows the maximum limit of sanctions for each part of Art. 264 of the Criminal Code of the Russian Federation. However, when making a final verdict, courts take many factors into account. They speak both for the accused and against him.
Additionally, the road situation is analyzed, including weather conditions and illumination of the area where the accident occurred. The actions of the victim can also play an important role.
Mitigating circumstances include:
- committing a crime for the first time;
- pregnancy of the female driver, presence of dependent small children;
- providing the victim with first aid at the scene of the incident;
- confession, providing full assistance to the investigation;
- voluntary compensation for damage caused.
Given in Art. 61 of the Criminal Code of the Russian Federation, the list of mitigating circumstances is not exhaustive. Often the identity of the accused, characteristics about him at his place of work and residence are taken into account.
In turn, the range of aggravating circumstances is contained in Art. 63 of the Criminal Code of the Russian Federation. The driver's drunken state, drug intoxication or leaving the scene of the accident was noted above.
Here you can add the presence of an outstanding criminal record, as well as the onset of serious consequences. They mainly refer to fatal accidents.
Second commentary to Art. 264 of the Criminal Code of the Russian Federation
1. The subject of the crime is a car, tram or other mechanical vehicle. The concept of “other motor vehicle” is disclosed in the note to the commented article. Other self-propelled machines include any road, construction, agricultural and other special machines (excavator, grader, truck crane, scraper, forklift, etc.).
2. The objective side is expressed in:
a) violation of traffic rules or operation of vehicles;
b) the occurrence of serious harm to human health;
c) the presence of a causal connection between the act and the resulting harmful consequences.
3. The rules establish a certain traffic order. When finding a person guilty of violating them, courts are obliged to indicate in their sentences exactly what rules they violated and what exactly this violation was.
The consequences of a crime include causing serious harm to human health (see commentary to Article 111 of the Criminal Code). There must be a causal relationship between violation of traffic rules or operation of a vehicle and the resulting consequences.
4. The subjective side is characterized by a careless form of guilt.
5. The subject of the crime is a person who has reached the age of 16 and is driving a vehicle. The absence of a driver's license does not matter for deciding the issue of criminal liability.
6. Responsibility is differentiated depending on the consequences that occur (the death of one person - part 3; two or more persons - part 5) and the state of intoxication and leaving the scene of a crime (parts 2, 4 and 6).
Criteria for causing serious harm to health in an accident
Some of them are indicated in Art. 111 of the Criminal Code of the Russian Federation. It specifically mentions loss of speech, vision or hearing. The same applies to the loss of an organ in the body or its basic functions. Serious bodily harm also includes termination of pregnancy or permanent mental illness.
A more detailed list of injuries is given in Order No. 194n. There is no need to list them all. Therefore, we will focus only on the main ones.
External injuries:
- head wounds;
- loss of vision in one or both eyes;
- partial deafness;
- loss of limb;
- facial disfigurement.
However, severe injuries are often invisible to the naked eye. No less dangerous are those that arise from within. Their presence is indicated by the victim’s screams and loss of consciousness.
Damage to internal organs:
- fractures of the skull and its bones;
- intracranial injuries;
- penetrating wounds of the neck, thyroid gland;
- fractures in the cervical spine;
- penetrating wounds of the chest, abdomen;
- numerous rib fractures;
- rupture of large blood arteries;
- heavy blood loss;
- acute heart failure.
One of the criteria for serious harm to health is permanent loss of general or complete professional ability to work. The degree of its loss is determined according to the rules approved by government decree No. 789 of October 16, 2000.
Serious harm to health in an accident: judicial practice
Relatively recent precedents indicate that in the absence of aggravating circumstances, courts are loyal to those responsible for road accidents. Often real terms of imprisonment are replaced by suspended ones. In some cases, a court fine is even applied.
When charges are brought under Part 1 of Art. 264 of the Criminal Code of the Russian Federation, in many situations criminal prosecution is terminated. This is facilitated by reconciliation and full compensation for harm.
When it comes to driver's license revocation, courts rarely impose a maximum of 3 years. The relationship between machine control and work activity is also taken into account. For your reference, the following are several judicial precedents.
Reconciliation of the parties and termination of the criminal case
Fedorov, driving in reverse from the supermarket territory, caused an accident at a pedestrian crossing. As a result, the woman received a traumatic brain injury, broken ribs and other injuries. A criminal case was initiated against Fedorov under Part 1 of Art. 264 of the Criminal Code of the Russian Federation.
During the court hearing, the victim filed a motion to terminate the proceedings in connection with reconciliation with the accused and full compensation by the latter for the damage caused. The prosecutor did not object to this.
As a result, by a decision of the Sovetsky District Court of Krasnodar dated May 29, 2020, in case No. 1-369/20, the criminal case against Fedorov was terminated. The preventive measures introduced were also cancelled.
Punishment if the driver is drunk
Citizen Savelyeva, while intoxicated and driving at excessive speed, hit Konstantinov, who was walking along the sidewalk. At the same time, the accused had no rights.
As a result, the victim received numerous injuries, including amputation of a lower limb. When imposing the punishment, the Khabarovsk District Court of the Khabarovsk Territory took into account the lack of a driver’s license and attempts to make amends.
As a result, by a verdict dated May 29, 2020, in case No. 1-193/2020, Savelyeva was sentenced to 3 years in prison on the basis of paragraph “a” of Part 2 of Art. 264 of the Criminal Code of the Russian Federation. There is a ban on driving for the same period. In addition, 2 million rubles were recovered in favor of the victim as moral damages.
Bodily injury and leaving the scene of an accident
Leonov lost control and crashed into a tree. As a result, a passenger who was in the car at the time was injured. The accused did not provide assistance to the victim and fled the scene of the accident.
During the trial, the victim filed a motion to terminate the criminal case due to reconciliation. However, the court considered it necessary to still sentence Leonov under paragraph “b” of Part 2 of Art. 264 CC.
By the verdict of the Bezhetsk Interdistrict Court of the Tver Region dated May 25, 2020, Leonov was sentenced to 3 years of imprisonment with a two-year probationary period. A 2-year deprivation of rights followed.
Death of a passenger
Due to a careless maneuver, Dunaev caused the car to overturn. The passenger who was there died as a result of his injuries.
When assigning punishment under Part 3 of Art. 264 of the Criminal Code of the Russian Federation, the Kurganinsky District Court of the Krasnodar Territory took into account mitigating circumstances in relation to Dunaev. This is the commission of a crime for the first time, admission of guilt and repentance, as well as partial compensation for damage to the family of the victim.
By the verdict of May 27, 2020, in case No. 1-120/2020, Dunaev was sentenced to 2 years of suspended imprisonment. He was suspended from driving for the same period of time.
Replacing imprisonment with a court fine
Nikitina drove her car into the oncoming lane and collided with another vehicle. As a result, two of Nikitina’s passengers died from serious bodily injuries.
However, the investigator petitioned the court to terminate the criminal prosecution under Part 5 of Art. 264 of the Criminal Code of the Russian Federation with the imposition of a court fine on the accused. Nikitina’s pregnancy, the lack of facts of bringing her to administrative responsibility, and compensation for damage to the injured party were taken into account.
As a result, by a decision of the Sukhinichesky District Court of the Kaluga Region dated May 21, 2020, in case No. 1-1-38/2020, the criminal case against Nikitina was canceled. At the same time, she was ordered to pay a court fine in the amount of 150,000 rubles by a certain date.
How moral and material damage is compensated
Bringing a citizen to administrative or criminal liability does not relieve him of the obligation to compensate for the harm caused to the victim and his relatives. The procedure itself largely depends on whether the culprit had a compulsory motor liability insurance policy.
Currently, the law sets a threshold for payments depending on how serious the injuries become. Here are the specific numbers.
Compensation limits for personal injury:
- 500,000 rub. – in case of death, the onset of 1st group of disability, for a disabled child;
- 350,000 rub. – in the case of disability group 2;
- 250,000 rub. – for disabled people of group 3.
It is clear that insurance does not always cover the full damage caused. In this case, the difference is recovered from those involved in the accident. If he did not have insurance, the citizen is responsible in full on his own. The situation when the culprit of an accident dies deserves special attention.
In serious incidents, harm is caused to both people and vehicles. For cars, the maximum insurance coverage is limited to 400,000 rubles. And compensation is provided through the organization of repairs under OSAGO. When restoring the car is more expensive, the missing amount is recovered from the culprit.
Moral injury
It is indemnified regardless of health damage coverage. Moreover, the recovery of the moral component in an accident is not related to the presence of guilt.
Both the victim and his immediate family have the right to receive damages - in the case of death. The specific monetary amount is determined independently by the interested party based on the physical and mental suffering suffered.
When a criminal case is still under investigation against the culprit of the accident, moral damages are recovered through a civil claim. A decision on it is made simultaneously with the sentencing.
