Lawyer under Article 286 — defense in criminal cases for a road accident with a person being hit
Traffic accidents involving injuries are always a serious problem. Almost always, after such accidents, criminal proceedings are initiated under Article 286 - violation of traffic rules, resulting in injury or death. In such cases, the driver may face a real threat of restriction or deprivation of liberty.
Regardless of whether the driver admits guilt or not, a lawyer specialising in Article 286 is necessary. After all, situations on the road are far from straightforward, and even a small mistake in the investigation can have negative consequences in the future. That is why it is important to quickly engage a specialist - at the first contact with law enforcement agencies, or better yet, immediately after the accident.
A competent lawyer under Article 286 is not only well versed in traffic law, but also knows the specifics of automotive and other expert examinations, can identify errors in protocols, determine mitigating circumstances, or achieve reclassification of the case.
What does Article 286 of the Criminal Code provide for: moderate and severe bodily injury in a traffic accident?
Article 286 of the Criminal Code - a traffic accident in which people suffered moderate or severe bodily injury - provides for criminal liability. Depending on the circumstances of the accident and the injuries sustained (moderate or severe bodily injury in a traffic accident), the driver may face imprisonment. At the same time, the court takes into account whether the driver consumed anything before the trip, whether there were traffic complications, whether he took measures to provide first aid, and other details that may either aggravate or mitigate responsibility.
That is why professional legal support in such cases is extremely important, because even if it is proven that the bodily injuries sustained in a traffic accident are of moderate severity rather than severe, the liability can be reduced.
Legal assistance to drivers under Article 286: what does it include?
Assistance in such cases is necessary, as Article 286 provides for criminal liability. A lawyer under Article 286 accompanies you at all stages of the case, and their assistance includes:
- Case assessment and consultation: analysis of the circumstances of the traffic accident, identification of risks and prospects.
Defence during the investigation: support during interrogations, examinations, preparation for investigative actions, protection from undue pressure.
Working with evidence: collecting independent evidence, comparing it with protocols and diagrams.
Developing a defence strategy: searching for mitigating circumstances, preparing for the trial.
Representation in court: protecting interests, preparing documents and additional evidence, appealing decisions.
Professional legal support in traffic accident cases is a chance to avoid the maximum punishment, reduce liability, or achieve a suspended sentence or closure of the case.
Consultation with a lawyer on traffic accident issues
Consultation with a lawyer after a traffic accident is an extremely important stage of defence. During the meeting, the driver provides all the circumstances of the case, the specialist analyses them, provides a legal assessment, explains the rights and obligations of the driver, and discusses the possible consequences, depending on the severity of the bodily injuries. The lawyer also provides recommendations on how to behave with the investigating authorities, what to say, and explains whether there are reasons for appointing additional examinations or filing complaints. Such consultation allows you to avoid mistakes that could negatively affect the course of the case.
Visiting the scene and collecting evidence
After a traffic accident, it is necessary to record all details that may affect the course of the case. To do this, the lawyer visits the scene of the accident and collects evidence: photos and videos, eyewitness testimony, analysis of the traffic situation. This allows you to verify the accuracy of official materials, compare them, or identify violations on the part of the investigation. Timely collected evidence can often be a decisive factor in court.
Ordering a medical examination
A medical examination is a key factor in sentencing in cases under Article 286, as it determines the extent of bodily injury. A lawyer initiates an independent medical examination if there are doubts about the objectivity of the official conclusion. Such an examination can either confirm or refute the severity of the injury, thereby influencing the course of the investigation, the formation of a defence strategy and, sometimes, even become the main reason for reclassifying the case or closing it.
Representation in the investigation and in court
In such cases, the lawyer accompanies the client at all stages - from the collection of evidence to the court decision. During the investigation, the specialist looks for procedural violations, submits all applications, and monitors the objectivity of evidence collection. In court, he adheres to a clear defence strategy, presents arguments, refutes the prosecution's evidence, and files complaints. Such support minimises legal risks and increases the chances of a successful closure of the case.
How we help minimize criminal liability under Article 286
We identify and present mitigating circumstances: sincere remorse, voluntary compensation, positive characteristics.
We challenge the shortcomings of the investigation and examinations: we identify violations, inaccuracies in the protocols, we order additional studies.
We offer a defense strategy: reclassification of the article, reduction of liability or conclusion of an agreement with the injured party.
The role of a lawyer in complex criminal cases on road accidents
Criminal cases under Article 286 are often complex. In such cases, it is worth enlisting the support of a lawyer, which consists in:
- Providing full legal support during the investigation and court hearing.
Analysis of the case materials and identification of procedural violations.
Organization of independent examinations and collection of additional evidence.
Development of a strategy, including the search for mitigating circumstances.
Filing appeals and cassation complaints.
Our lawyers not only protect the driver's rights, but also minimize the risk of severe punishment, ensuring an objective consideration of the case.
Determination of moderate and severe harm to health
Moderate and severe harm to health are types of bodily injuries that have varying degrees of severity and significantly affect the course of the case. Moderate harm is usually characterized by temporary loss of ability to work, but is not life-threatening. And severe harm involves serious injuries that can lead to disability or death of the victim.
The lawyer initiates independent medical examinations, monitors their objectivity, and also analyzes the conclusions. Thus, a comprehensive professional approach and accurate determination of the type of injury can change the degree of punishment or reclassify the case.
Cases of drunk driving under Article 286-1 of the Criminal Code
Cases under Article 286-1 of the Criminal Code are among the most complex, as they involve imprisonment. Therefore, professional defense is necessary to minimize negative consequences.
Our specialists have extensive experience with such cases and provide comprehensive support, including verification of evidence, ordering expert opinions and developing an effective defense strategy.
