The Supreme court of the Russian Federation allowed to institute criminal proceedings skuteristovThe Supreme court (VS) explained the Russian Federation to inferior courts, properly to consider cases about the criminal offences, the drivers of traffic regulations connected with infringement, operation of cars, and also with stealing and plunder of vehicles. About it it is told in the decision of Plenum of the Supreme court of the Russian Federation published on site VS ¹25.
All explanations on 32 questions, in particular, concerning Criminal code articles 264 (UK) “Infringement of traffic regulations and operation of vehicles“, providing punishment in the form of imprisonment till ten years are made. Plenum VS decided that by the guilty can be recognised not only the driver, having the right to steer the car, but also “the person not having or deprived of the right of steering by the corresponding kind of a vehicle“.
If of failure the driver of the scooter - a vehicle with volume of the engine no more than 50 cubic centimetres has been recognised by guilty and developing the maximum speed no more than 50 kilometres per hour - that it will bear responsibility under article 268 UK “Infringement of the rules providing safe work of transport“. Article provides punishment in the form of imprisonment till eight years. In turn, the driver who has autocratically left a place of accident, can be recognised by guilty under article 125 UK “by Ostavlenie in danger“, providing arrest for the term up to three months.
meanwhile, VS explained cases when punishment for the driver can be softened. It can occur, if the passenger, the victim or the victim in road accident, have not been fastened a seat belt or went without a helmet. Besides, by softening circumstance misfit of a road condition, bridges, railway crossings, etc. can be recognised“ To building rules, norms, standards and other standard documents “that could affect a failure outcome.
we remind, for the last years VS some times exhausted judiciary practice collections in which explained the questions arising by disposal of legal proceeding, connected with punishments for drivers. The document of 2006 when ignoring of signs« passing is forbidden also“a brick» became one of the most known decisions of plenum has been equal to departure on a counter strip with the subsequent deprivation of the rights. And in November, 2008 VS forbade courts to deprive of drivers of the rights under the formulation “intoxication unstated substance“.