Publication date: 05.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Violation of traffic safety rules or transport operation by persons who drive vehicles while intoxicated (Article 286 of the Criminal Code) is a serious offense that has a clearly defined structure in the criminal and administrative law of Ukraine.
Composition of the offense provided for in Art. 286 CCU:
- A socially dangerous act:
Driving under the influence: This offense occurs when a person drives a vehicle under the influence of alcohol, drugs, or other psychotropic substances that affect their ability to operate a vehicle safely.
Violation of traffic safety or vehicle operation rules: This may include running a red light, speeding, not complying with road signs, etc.
Failure to comply with obligations: For example, failure to reduce speed in conditions of poor visibility or improper use of light devices.
- Publicly dangerous consequences:
Bodily injuries: Violation of the rules while intoxicated can result in physical injuries to victims. Depending on the severity of the injuries, it can be moderate, severe or fatal.
Causal relationship:
Connection between the act and the consequences: It must be established that driving while intoxicated is the cause of the occurrence of socially dangerous consequences, such as accidents or bodily injuries.
- Legal consequences:
Criminal responsibility: Article 286 of the Criminal Code of Ukraine: If a violation of traffic rules while intoxicated leads to serious consequences (death, serious bodily injury), it can be classified as a criminal offense. Possible penalties include fines, restrictions on liberty or imprisonment. With this in mind, the assistance of a lawyer in a criminal case is highly recommended.
Closure of criminal proceedings due to lack of composition:
- Absence of a socially dangerous act: If it is found that the driver's actions did not violate traffic rules or are not socially dangerous, this is grounds for closing the case. For example, the driver acted in accordance with all the rules and technical capabilities.
- Absence of socially dangerous consequences: If no bodily injuries were caused as a result of the road accident or they do not correspond to the severity provided for in Article 286 (moderate severity, severe or death), the case may be closed.
- Lack of causation: If it is not proven that the violation of traffic rules directly caused the consequences, this can be grounds for closing the case. For example, if the cause of the accident was the lack of technical ability to avoid a collision, and not the driver's violation of the rules.
- Traffic conditions: If the incident did not occur while the vehicle was in motion (for example, during repairs or special operations), this may be grounds for closing the case.
Exemption from criminal responsibility in connection with the reconciliation of the guilty party with the victim:
According to Ukrainian legislation, it is possible to be released from criminal liability in cases of road accidents under the conditions of reconciliation of the parties.
Reconciliation procedure:
- Initiating conciliation: Conciliation can be initiated by the perpetrator, the victim or their lawyers.
- Submission of a joint statement: After reaching a settlement, the parties submit a joint statement to the investigator, confirming the damages and the agreement between the parties.
- Examination of the application: The investigator checks the documents and confirmation of reconciliation and compensation for damages.
- Petition of the prosecutor: The prosecutor prepares a petition to close the criminal case based on the reached reconciliation and sends it to the court.
- Court decision: The court appoints a meeting to consider the issue of closing the case and, subject to the fulfillment of all conditions, may decide to release the culprit from criminal liability.
Assistance of a lawyer in a criminal case:
In a case involving a violation of traffic rules or the operation of a vehicle under Article 286 of the Criminal Code of Ukraine (CPC of Ukraine), the participation of a lawyer in criminal proceedings is critical to ensure the client's rights and effective protection. Here are the main steps and actions that an agreement with an attorney in a criminal case provides:
- Consultation lawyer in a criminal case:
Analysis of the situation: The lawyer must study the circumstances of the accident in detail, check documents, testimonies, the technical condition of vehicles and roads, as well as the results of medical examinations.
Fact check: It is assessed whether the case contains all the elements of the crime: violation of traffic rules, socially dangerous consequences, a causal connection between the driver's actions and the consequences.
- A lawyer's visit to the scene of an accident:
A lawyer's visit to the scene of an accident is an important part of preparing to defend a client in criminal cases related to traffic violations. This allows the lawyer to collect primary data and evidence that may be critically important for the case.
- Protection of client rights:
Client consultation: A criminal lawyer provides legal advice to the client regarding possible consequences, rights and obligations. Explains what actions can be taken to protect interests.
Preparation for investigative actions: If the client is an accused, the lawyer prepares him for interrogations and other investigative actions, ensuring that the client's rights are respected.
- Initiation of investigative actions and preparation of evidence:
Gathering evidence: The criminal law lawyer conducts his own investigation, gathers evidence that can disprove the accusation or reduce responsibility. This may include technical opinions, expert testimony, medical certificates.
Legality Review of Evidence: Criminal defense attorneys review the legality of evidence collection by law enforcement agencies to avoid illegal evidence in the case.
- Formalization of reconciliation:
Negotiating with the victim: A criminal defense attorney may negotiate with the victim to reach a settlement if it is possible and beneficial to the client. This includes discussing the terms of damages and the possibility of reconciliation.
Preparation of documents: The criminal lawyers prepares a joint application for reconciliation, which is submitted to the investigator. This includes confirmation of damages and an agreement between the parties.
- Participation in court proceedings:
Preparation for trial: A lawyer in criminal traffic accident cases prepares an argument and evidence base for the client's defense in court. This includes the preparation of objections, motions and other procedural documents.
Activities of a lawyer in criminal proceedings: A lawyer in a criminal case represents the interests of the client in court sessions, makes speeches, interrogates witnesses, presents evidence.
Conclusion
Article 286 of the Criminal Code of Ukraine concerns violation of road safety rules. It is important to find out all the circumstances of the case, including the technical condition of the vehicle, the condition of the driver, traffic conditions, possible mistakes on the part of the victim and other factors. The services of a lawyer in criminal cases will help to collect and present all the necessary evidence, as well as to ensure the protection of the client in court. This includes the preparation of legal documents, participation in investigative actions and court hearings.
