What is the penalty for an accident threatens the culprit of an accident? What relies the penalty for an accident perpetrator of the accident? Punishment of the culprit of an accident

The punishment of the culprit of an accident without affected will be appointed depending on the disturbed PDD point. All liability options are recorded in the Administrative Code of the Russian Federation, and the compensation of property damage will be held under the OSAGO program or through court. In this article, we will consider how it comes for an accident without affected, and what types of sanctions are threatened by the perpetrator of the accident.

What consequences can be with an accident

By accident, the law understands the collision of two or more cars, as a result of which the damage to transport and harm to the health of citizens is caused. Even with minor accidents, it is impossible to avoid damage to the car - small scratches arise, chips, dents, etc. arise. Ensured in the absence of victims of citizens, the participants of the accident should immediately after the collision - such a requirement is indicated in the rules of the road.

If the victims in a collision are missing, the following options for the development of events are possible:

car owners can do without calling the traffic police officer if the execution of documents passes under the Euro-Colane program - in this case, the accident culprit can avoid responsibility, even if violated traffic rules;
if the inspector is brought into place of the collision, for each identified violation of the rules, the procedural protocol is drawn up - the further consideration of the case will be held in court, or the punishment will appoint a traffic police officer (it depends on the violated PDD clause);
reimbursement of property harm will pass through the insurance company, and in the absence of the driver of the policy of the OSAGO - through the court.

Thus, the basis for bringing to responsibility on the COAP of the Russian Federation will only be a protocol in which all violated PDA points are indicated.

Directly when establishing all the circumstances of the accident, an additional basis may arise to bring liability. When identifying signs intoxication, the traffic police officer can send car owners to pass through medical examination, or to conduct this procedure on the spot (in the presence of an appliance with confirmed passage of calibration). Confirmation of the fact of intoxication, or the refusal to pass this procedure, entail sanctions on the COAP of the Russian Federation - a fine and deprivation of rights.

According to the articles of the COAP of the Russian Federation, who do not provide for the arrest of the violator or deprivation of the right of management, the case can be considered by the officer of the traffic police. For example, under Art. 12.36.1 Administrative Code of the Russian Federation may be appointed a penalty for using the phone while driving - this case refers to the competence of the traffic police officers, and the direction of material in court does not occur.

If the authorities include arrest or deprivation of rights, only the court can consider the case. After drawing up the protocol, the administrative material is sent to the judicial institution. The proceedings of the case takes place at the place of violation, and the participants of the accident will be notified about the place and time of the meeting of the judicial agenda, or when drawing up a protocol.

The court without victims in an accident undergoes the following rules:

if the auto owner was properly notified of the meeting, the Court may consider the case without his participation (the exception is the case when the driver was detained at the site of an accident until the protocol's consideration);
the court considers every violation of the traffic rules reflected in the protocol, and the addition and testing of sanctions is allowed only in cases directly indicated in the Code of Administrative District;
when performing homogeneous violations within one accident, the Court appoints a single punishment in the amount of the highest possible sanction from all the articles of the special part of the COAP of the Russian Federation.

If there is several alternative sanctions in the Code of Administrative Code of the Russian Federation, the court will make a choice taking into account the nature of the violation and its public danger.

It should be borne in mind that some types of punishment cannot be applied to certain categories of citizens. In particular, the following situations are possible:

the arrest cannot be applied to pregnant women, minor children, servicemen and some other categories of violators - in this case, the court is obliged to use the sanction in the form of a fine;
if the violator is not right, or was previously deprived of them on another administrative case, the court appoints an arrest (when the arrest use is prohibited, a fine will be imposed);
if the repeated fact of intoxication is revealed, or the refusal to pass a medical examination, the administrative case is terminated, and the violator will incur liability under Article 264.1 of the Criminal Code of the Russian Federation.

The third of the listed options is the only case when an accident without affected will entail criminal liability.

The sanctions selected by the court will be fixed in the decision. To pay for the appointed fine, the violator is given 60 days, after which the ruling will be fulfilled in a compulsory manner through the FSSP service. Deprivation of rights generates the following consequences:

no later than 5 days after the ruling entry into force, the violator is obliged to pass the driver's certificate form in the traffic police;
the sentence in the form of deprivation of rights begins to flow from the moment of the certificate, or after its withdrawal by the traffic police officer on the road;
for certain types of violations, it is possible to return rights only after re-passing the exam in the traffic police and presentation of the absence of medical contraindications.

The maximum deprivation period of rights cannot exceed 3 years, even if the driver has committed several violations of the traffic rules.

What articles threaten the perpetrator of an accident

The COAP of the Russian Federation contains a whole block of an article that can be applied in violation of the rules entrusted by an accident. They are grouped in chapter 12 of the Code of Administrative Offenses of the Russian Federation, and the following compositions are most often applied:

art. 12.9 of the Administrative Code of the Russian Federation contains sanctions for exceeding the speed regime;
article 12.8 will be punished with a drunken culprit of an accident, and Art. 12.26 Used when refusing to undergo a medical examination;
unfortunately leaving the place of the accident, or a different violation of the rules of behavior at an accident, punishable by sanctions under Art. 12.27 of the Administrative Code;
art. 12.15 Administrative Code of the Russian Federation punishes a violation of traffic rules associated with the rules of overtaking and maneuvering.

Punishment will follow only for violation recorded in the protocol. If, when considering the case, other violations, not specified in the protocol, the responsibility for them does not occur.

To compensate for property damage, the insurance rules are used. It should be borne in mind that from March 2018, a certificate from the traffic police is not provided for insurance. In the insurance company you need to apply for an accident, as well as the materials of the administrative case (Protocol and Decree). If wine is installed in the accident, both car owners are installed, the receipt of insurance is possible only in court.

If the culprit of an accident is missing the OSAGO policy, the damage compensation passes within the framework of the civil process. The victim files a claim for the recovery of the amount calculated on the basis of the expert's conclusion. In addition, even in the absence of damage to health, the victim can recover compensation for moral damage. Forced recovery of the amounts of judicial act takes place within the framework of enforcement proceedings through the support service.

None of the drivers are insured against road traffic accidents, regardless of the driving experience and knowledge of traffic rules. Depending on the type of offense, the perpetrator may take responsibility:

Civil - reimbursement of material and moral damage, according to the Civil Code of the Russian Federation.
Administrative - execution of punishment in accordance with the Administrative Code of the Russian Federation.
Criminal - execution of punishment in accordance with the Criminal Rights of the Russian Federation.

The choice of penalties depends on the specific features of the case.

○ Administrative responsibility.

This type of responsibility is applied if it harms the health of the injured side of light and moderate. The degree of punishment is determined on the basis of the relevant items of the COAMA of the Russian Federation, based on the specific situation.

When harming to health easy degree, the culprit is prescribed a penalty in the amount of from 2000 to 5000 rubles or deprivation of rights from 1 to 1.5 years (paragraph 1 of Article 12.24 of the Administrative Code of the Russian Federation).
If harm to health is defined as medium, it is possible to appoint a fine of 100,000 to 25,000 rubles or deprivation of rights for a period of 1.5 to 2 years (paragraph 2 of paragraph 2 of Article 12.24 of the Code of Code of the Russian Federation).

Which one penalty for accidents It will be appointed depends on the specific features of the case.

Most often, accidents happen due to the violation of the following rules:

Prohibition of the use of phones during the management of the vehicle (Article 12.36.1 of the Code of Administrative Code).
Turning on the turn signals when changing the trajectory of movement (Art. 12.14 of the Code of Administrative Code).
Compliance with the distance on the road (Part 1 of Article 12.15 of the Administrative Code of the Russian Federation).

According to Article 4.6 of the Administrative Code, the person who has appointed administrative punishment for the commission of an administrative offense is considered to be subjected to this punishment within one year since the end of the execution of the decision on the appointment of administrative punishment.
Re-committing a homogeneous administrative offense, if the person has already been administratively punished for the commission of the first administrative offense, which has not expired, provided for in Article 4.6 of the Administrative Code, is recognized as an circumstance aggravating administrative responsibility. (Article 4.3. Administrative Code of the Russian Federation)

Administrative responsibility of the culprit of an accident can be applied in the form:

Warnings - is executed by a judge, an authority, an official who ruled, by presenting or sending a copy of the ruling.
The imposition of an administrative fine is fulfilled by an official who made the decision, by presenting the Protocol.
Deprivation of driver's license by court order.

Attraction to administrative responsibility is carried out by drawing up a protocol on the offense, compiled in the presence of an intruder.

○ Criminal liability.

In the event of the death of the victim in an accident, as well as the causing serious harm to his health, criminal liability is applied to the perpetrator according to the relevant provisions of the Criminal Code.

The degree of responsibility is determined by the court, taking into account all the circumstances of the case (aggravating or mitigating), proven in the process of proceedings.

According to Part 1 of Article 264 of the Criminal Code of the Russian Federation, the culprit of an accident for unintentional damage to health threatens from 6 to 36 months of imprisonment or fulfilling corrective work for up to 2 years. Also additionally applies a measure of deprivation of rights to 3 years.

If the result of the accident was the death of the victim, the punishment of the culprit is tougher:

If one person died - the term of correctional work increases to 4 years, and deprivation of freedom - before 5. If the culprit was in a drunk, a measure of punishment is to detention for 7 years.
If the number of dead more than one - the term of correctional work increases to 5 years, imprisonment - up to 7 years. If there is signs of intoxication, each measure of punishment increases for another 2 years.

If the result of an accident is governed by the Criminal Code of the Russian Federation, the investigation is conducted by the investigation bodies, after which it is considered in court. It should be noted that in addition to the applied penalties, the culprit should also refund material damage to the victim.

○ Execution on site.

According to the new rules for the design of an accident, its participants have the opportunity to deal with the situation independently, without contacting the police and the insurance company.

Unwillingness to attract third parties to solving the problem may be due to:

Minor vehicle injuries, when it is easier to give a small amount to repair instead of waiting for insurance payments.
The reluctance of the culprit to increase the cost of its OSAGO, which increases with each payment by 1.6 times.
The lack of time and desire to visit the traffic police and the insurance company.

In any of these cases, the culprit of the accident may simply transfer the cash to the victim and with mutual agreement to complete the conflict. But do not forget about possible risks with such behavior. For example, the victim, waiting for the departure of the culprit, can cause traffic police and fix the fact of an accident. To protect yourself from such a development of events, you should make a receipt for the transfer of money to the car repair. The document is filled from hand with all the data on the participants in the incident and the description of the nature of the damage. Information should be specified as accurately as possible, as well as register the phrase about the absence of claims for the perpetrator. Clearance will be of legal force in the presence of a signature of each party.

According to paragraph 28 of traffic rules, the participants of the accident may resolve the question independently if:

The harm is applied only by a car, no injured.
There are no disagreements on the characterization of damage and determining the guilty side.
Each part of the Parties agrees not to issue documents on an accident.

Another possibility of self-decoration of an accident is the preparation of Europrotokol. In addition to the conditions listed above, it is mandatory for its design:

The fact of the collision of cars, their number should not exceed two.
For each participant of an accident of the OSAGA policy (or foreign analogue "Green Card").

Europrotokol is compiled on a special forms of insurance notification, according to which it is subsequently possible to receive compensation without a long expectation of specialists at the scene.

The introduction of traffic rules and their constant update, made it possible to reduce the speed of vehicles and lethal outcomes. But still car enthusiasts often violate the rules and create interference with the rest of the vehicles.

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In this case, you need to know your rights and incur a corresponding punishment if they became the culprits of an accident.

A responsibility

For a start, it is necessary to understand that the abbreviation of an accident means a road transportation when two moving vehicles accepted the action in which people and property suffered.

The current legislation stipulates at least three types of responsibility for such misconduct:

civil;
administrative;
criminal.

Each of them is determined on the basis of the measures taken, the guilt of the driver, the consequences and the presence of damage to the health of victims. Each of these species should be considered individually.

Civic

The most harmless responsibility imposed on the driver. Lies in the fact that the second side. At the same time, damage can be both moral and physical. Additional payment is envisaged if the victim did not benefit or income due to the lost time.

Such responsibility is always present at an accident. After all, it is precisely the presence of damage - the motor part of this case. But now compensates for the entire damage to the mandatory insurance of the OSAGO, which is purchased annually. Each car owner must issue an insurance policy in a timely manner, otherwise he will receive a fine and pay for repairs from his own pocket.

The insurance company independently evaluates the damage and pays the customer to the insurance amount. Then the coefficient increases for the culprit, and the next insurance policy, regardless of the insurance company, will cost somewhat higher. But the full guarantee of payments here cannot be. Very often, citizens are submitted to the court on bad insurers. Often controlled the car is illegally or completely hidden from the scene of an accident.

Criminal

This measure becomes the most severe method. As a rule, it is used only with complex complications of the victim or his death.

Punishments with this form of responsibility exist as follows:

restriction of freedom for no more than three years;
forced work up to five years;
imprisonment up to 9 years.

Measure is established only after the trial. It can be increased depending on the established circumstances of the case. With aggravating circumstances, the term will be slightly higher.

Often with a traffic accident occurs a combined responsibility. That is administrative and civil. It applies responsibility to the driver of the vehicle, and not on the owner of the vehicle. But civil liability is also applied to legal entities, which owns the vehicle.

Administrative

A measure of punishment is used in the presence of violations of traffic rules. At the same time there should be no death of people or causing grievous harm.

At the moment, the following administrative responsibility measures are envisaged:

penalty for accidents -500-30 000 rubles. Payable to a penalty not affected, but by the state. The penalty for an accident The culprit of the accident will have to pay through Sberbank or on the official website of the State Service or the GAI;
deprivation of driver's license for up to two years;
attraction to mandatory work up to 200 hours;
administrative arrest up to two weeks.

Additionally, a penalty is provided for:

- Most often it is administrative responsibility - 15 days or deprivation of the right to manage the right to one and a half years;
for a petty accident for the challenge of traffic police without affected - 1000 rubles;
for not exposed sign - 1000 rubles.

Causes of the accident

There may be many reasons for road traffic. Often an accident occurs with the driver's alcohol intoxication or by negligence. It is necessary to consider each situation separately.

In a state of alcohol intoxication

Since 2015, the rules for the accident created by the driver tightened. It is immediately attracted to criminal responsibility. But only under the condition, if this is a re-violation of this type.

Timing

The payment of the fine is given two months. But if the driver wants to save, then it is better to do this in the first month. If you do not have time to pay off for two months, then you should not worry. It is still given 10 days of safety for paying debt.

In fact, this period is to make a resolution. The cost of the provincial is established by the CAC items. In the total cost of the fine can enter the amount of compensation to the victim.

Definition

The concept of an accident is regulated in Article 12.38. Here all types of fines are listed, compensation and various actions that are subject to execution by the perpetrator. He is obliged to respond to his gobble and pay a fine or compensation.

To those should be attributed:

failure to fulfill the responsibilities that are provided for by the rules of the road - 1000 rubles;
county from the accident - criminal or administrative responsibility;
finding under the forbidden substances - administrative responsibility - 30,000 rubles, re-deprivation of the right of management.

Innovations

The present year made several changes that touched the rules of the road. Drivers are now obliged to independently understand the causes of the accident, draw up protocols and schemes. It is also necessary to clean the vehicles after the photography of the road accident.

If this item is not fulfilled, a fine will be charged. The sum is equal to 1000 rubles. This item concerns only light accidents, where there is damage only to property.

Disability of the carriageway with a frivolous accident

The innovation touched the fines for small road traffic accidents. If an accident occurs on the road, it leads to the large circuit. And it does not like anyone. And if the damage is caused only by vehicles, then with long-term finding them on the roadway, a fine of 1000 rubles is made.

Any accident occurs due to non-compliance with one or more drivers of the road rules, respectively, implies administrative responsibility for the COAP of the Russian Federation. What a penalty for an accident prescribed, directly depends on the violated rules, the seriousness of the consequences of the accident.

What situations are classified as an accident

Before considering penalties, you should find out the exact definition of an accident. And in order for the case to be so called, the following factors should occur:

he occurred with the participation of self-propelled transport, which moves through roads;
he happened during the movement of the car. For example, if the car has a gas leak from a balloon, provoked an explosion, such a situation can not be called an accident;
as a result of a road accident, there is always damage to the property or health of people. If there is no, administrative responsibility for violation of traffic rules remains, but the case is not considered as an accident.

Now we clearly know what situations may be called a traffic accident. It remains to consider the punishment that will be appointed by his perpetrator.

What are the penalties for guilty persons

Mostly, the punishment for the accident is determined, based on the rules that were violated by the driver, which led to the accident. The dimensions of the fine will depend on the severity of the violation, may vary within 500-30000 rubles. Consider the most common variants of violations that lead to traffic accidents:

finding the driver in a state of alcoholic intoxication. In addition to other disorders, the perpetrator will have to pay 30000 rubles. At the same time, the rejection of medical examination of the COAP of the Russian Federation is regarded as an equally serious violation, for which the responsibility will be exactly the same;
if the culprit ruled faulty transport or exploited it under prohibited conditions. Here the driver is fingered for 500 rubles in accordance with Article 12.5 of the Administrative Code;
if the driver had no right to control the vehicle, he would have to pay 5,000-15,000 rubles, when he was deprived of this right in court, the magnitude of the fine will be 30000 rubles;
when an accident happened because of the violation by the driver of the intersection rules, he will need to pay 1000 rubles;
when an accident that happened as a result of improper maneuvering, a fine will be 500 rubles. If the driver tried to leave the curb and integrate into an organized column, it is fined to 1500 rubles;
departure to the oncoming lane or the tram tracks is punished with a fine in the amount of 1000-5000 rubles, depending on the purpose of the execution of such a maneuver;
the reason for the accident was the non-compliance with the distance during the movement or improper location of the vehicle on the roadway. In the first version, penalties suggest a sentence of 1500 rubles. The second is not related to administrative responsibility.

Increase the amount of the fine for an accident may have additional disorders. They are not able to cause the incident, but in any case the deflection of traffic rules implies, so the driver is punishable by monetary recovery. We are talking about such situations as the lack of a driver's license, improper location by car or complete lack of license plates, the use of false numbers, etc.

If people suffered at the happening accident

When people suffered as a result of the road accident, the culprit will be punished depending on the severity of their state. For example, if the doctor determines the application of easy harm to health with temporary disability, no more than 21 days, the driver, by whose fault the accident happened, will have to pay from 2500 to 5000 rubles.

With the damage to the moderate severity, when the victim is on treatment longer than 21 days, has a steady disability, as well as injuries that have a threat to health, the culprit will pay much more, risks even get a real time. It all depends on what will be the condition of the victim further.

If suddenly the victim dies, the driver threatens the conclusion for a period of up to 5, and even more years, provided that aggaring circumstances will occur, for example, drunk management. But, such a punishment is possible only when establishing the causal relationship between the incident and the death of man.

Important! We see that the dimensions of the fines for the road traffic accident completely depend on its causes and consequences. Therefore, if the driver conscientiously complies with traffic rules, it significantly reduces the likelihood of an accident. Each person who feels behind the wheel of the vehicle must remember this and show maximum responsibility.

In the case of an accident, each driver understands that it may not be understood. The road participant will be guilty of the accident, if violated the rules and this entailed a collision with a car, pedestrian, cyclist. Actions can be both deliberate and perfect by negligence. But in any situation, the accident implies that the culprit may incur both administrative and civil, and criminal liability.