What is Possible Punishment in Case of Accidental Criminal Activity?
What is the possible punishment and where to turn for help in case of Criminal Activity?
Road traffic accidents (RTA) sometimes lead to the initiation of criminal cases, and in legal practice these are usually complex cases. A driver who has violated the rules of the road (SDA) and caused harm to the health of another person often gives evidence that differs from the testimony of witnesses. And this is not always done on purpose.
The state of shock of the participants in the accident makes it very difficult to analyze the circumstances of the case, and the fact that what happened can entail criminal liability does not add peace to anyone.
It cannot be denied that many road accidents with serious consequences could not have happened with mutual respect between drivers and pedestrians. But there are also objective reasons for which it is not possible to avoid collisions, for example, technical malfunctions or poor visibility on the road.
Services of a lawyer in Accidents
It can be quite difficult for drivers to prove their case in an accident, especially if a pedestrian was hit. A traffic accident attorney can help you:
draw up a detailed diagram of the incident;
find the necessary evidence;
invite qualified independent experts.
Legal assistance in criminal cases in case of an accident …
The types of liability for drivers found guilty of traffic accidents are as follows:
Administrative : if the driver violated the rules or if his vehicle had malfunctions that led to an accident, as well as in the event of minor and moderate bodily injury as a result of an accident. For this, you can lose your rights, pay a fine or fall under administrative arrest for up to 15 days.
Civil law : if property damage was caused as a result of an accident (for example, a car crashed into another vehicle or into a store window). This damage will have to be repaired.
Criminal: if serious harm was caused to the health of people (pedestrians, other drivers, passengers) or an accident resulted in death.
Part 1: If a person is seriously injured due to the fault of the driver, the perpetrator is punished with restriction of freedom for up to 3 years or forced labor for up to 2 years as per russian law. The right to drive a vehicle can be retained or withdrawn for up to 3 years.
Part 2: If the perpetrator was in a state of alcoholic intoxication and negligently caused serious harm to human health, then he is punished with imprisonment for a term of 3 to 4 years and the right to drive a vehicle for a term of up to 3 years.
Part 3: If the victim dies, the driver is sentenced to forced labor for up to 4 years or imprisonment for up to 5 years, as well as a prohibition to drive a vehicle for up to 3 years.
Part 4: If the perpetrator was in a state of intoxication, and this caused the death of a person through negligence, then he will receive a term of 2 to 7 years and deprivation of rights up to 3 years.
Part 5: If an accident resulted in the death of 2 or more persons, the driver can go to jail for up to 7 years or be sentenced to forced labor for up to 5 years, and also lose the right to drive a vehicle for up to 3 years.
Part 6: If the death of 2 or more persons was caused by the fact that the driver was in a state of intoxication, then he is threatened with imprisonment for a term of 4 to 9 years with deprivation of rights up to 3 years.
Of course, each specific case is unique. Therefore, the court needs to carefully examine the evidence provided, clarify the circumstances of the incident, make a decision on the satisfaction of the claim and the applicable legal norms. Finding out all the circumstances of the case is often delayed for a long time, especially if the necessary procedures are not controlled by an experienced lawyer.
Assistance of a lawyer in criminal cases in case of an accident
It should be borne in mind that the specialization of a lawyer is very important in any litigation. Your rights in an accident case can be most effectively protected by a lawyer with experience in this area of law. However, if you do not have the opportunity or time to find it, even a generalist will be more reliable than trying to protect yourself in the hope of luck. At a minimum, he will be able to explain to you what to say and what not to say. Sometimes this is already enough so that the participant in the criminal case for an accident does not aggravate his situation.