Fatal accident punishment
Fatal accident, article of the Criminal Code of the Russian Federation
The content of the article
Often a road accident has serious consequences - loss of life, but does it always end in prison? In such an outcome, the guilty person bears criminal liability. Punishment for a fatal road accident is determined by the Criminal Code of the Russian Federation.
Important! Only the court will determine the presence or absence of aggravating/mitigating circumstances, and will also choose a preventive measure.
The sentence is determined by the behavior of the participants in the accident at the following stages:
- accident location;
- criminal investigation;
- trial.
Article of the Criminal Code of the Russian Federation
Article 264 of the Criminal Code of the Russian Federation defines various sanctions for committing a fatal accident. A prerequisite for this is that the court establishes a cause-and-effect relationship between the incident and the death of the person. The death of one victim due to the fault of the driver may entail punishment in the form of imprisonment for up to 5 years or forced labor for up to 4 years. An additional measure may also be applied - deprivation of rights for 3 years, and when driving while intoxicated, the prison term is increased to 7 years with deprivation of driving license for the same period.
If 2 or more people died, their rights will be deprived for 3 years, freedom - for 5 years, forced labor can be imposed for up to 5 years. If the driver was under the influence of alcohol during the accident, the prison term increases to 9 years.
Important! The maximum sentences specified in the sanction of Article 264 of the Criminal Code of the Russian Federation cannot be exceeded by the court when making a decision. The culprit will face imprisonment and deprivation of a driver's license.
Causes of fatal road accidents
Most often, the most severe consequences are caused by accidents that occur as a result of:
- drunk driving;
- violations of rules for crossing intersections;
- driving into the oncoming lane;
- speeding;
- incorrect execution of maneuvers.
When investigating the causes of an accident that resulted in the death of victims, the scene of the accident and the vehicles involved are carefully examined. An accident diagram and a protocol for examining the accident site are drawn up.
In litigation, the outcome of the case largely depends on the experience of the lawyer. Since there is no lower limit of punishment for this crime, a knowledgeable lawyer will be able to reduce the penalty as much as possible, using mitigating circumstances, or even help the accused avoid punishment completely.
Liability for a fatal accident depends directly on the actions of the driver at the scene of the accident. The inaction of a participant in an accident is criminal. Do not leave the scene of the accident; this is strictly prohibited and the driver may incur administrative liability.
Important! Remember, after an accident, you must immediately turn on the hazard warning lights and call an ambulance, the traffic police, fulfill your duties to assist the victims, and write down information about witnesses.
What does the culprit face?
Punishment options for causing an accident resulting in death vary. Violation of traffic rules is considered criminal only when, as a result of an accident:
- no one survived;
- its participants received moderate and severe injuries.
Important! In the event of a fatal accident, the driver is held criminally liable. A fatal accident is not considered an administrative offense. The death of the victim must be caused by the collision. If intent is found in the driver’s actions, they are classified as murder, and the car will be considered a crime weapon.
It happens that doctors, during the initial examination of the participants in the accident, do not reveal significant injuries, but some of the victims die the next day. It also happens that victims of an accident die not from injuries, but from a heart attack that occurred some time before serious bodily harm was caused.
Important! The cause of death and the severity of injuries cannot be determined at the scene of the accident, therefore, to establish the cause-and-effect relationship between the consequences of the accident and the incident, a forensic medical examination is appointed.
Responsibility
If the driver leaves the scene of the accident, he faces:
- administrative arrest;
- administrative penalty;
- deprivation of rights.
If a driver leaves the scene of a fatal accident, he will be looked for as a person who has committed a criminal offense, and in this case the culprit will face severe punishment. If the accident causes injuries of varying severity, and then the victim dies, the culprit will be held criminally liable.
Important: Never move objects at the scene of an accident; provide assistance to victims.
Mitigation of punishment
The punishment for the culprit of a fatal accident can be mitigated if you correctly develop a defense strategy. An experienced lawyer representing the interests of the culprit will be able to make the most of legal tools - to justify mitigating circumstances:
- raising young children guilty;
- the driver is the carer of a person who needs care;
- minor traffic violation;
- presence of pregnancy;
- committing a traffic violation for the first time;
- providing assistance to the victim.
Important! Russian legislation allows you to avoid liability through reconciliation with the relatives of the deceased (Article 76 of the Criminal Code of the Russian Federation). You can negotiate with them on compensation for damage and obtain exemption from criminal liability.
If it is not possible to reach an agreement with the relatives of the deceased, the culprit will receive a criminal record, and the punishment will be determined by the court, taking into account many subtleties. The role of the defense attorney is to seek mitigation of the defendant's sentence at each stage of the criminal proceedings.
When can reconciliation with the relatives of the deceased be used?
If the driver committed an accident, as a result of which a person died, and does not want to be punished by imprisonment, you can reconcile with the relatives of the deceased. In this case, a mandatory condition: the perpetrator has no criminal record of any severity. The amount of compensation that the relatives of the deceased can ask for depends entirely on their wishes.
What determines criminal liability for a fatal accident?
To impose a punishment, it is necessary to have evidence confirming the fact of an action with signs of a crime. The length of criminal punishment depends on:
- conclusions of a forensic expert;
- the severity of the harm caused;
- characteristics of the accused;
- the presence of aggravating or mitigating factors.
Important! If the driver is to blame for an accident that causes harm to the health of the passengers of another vehicle, he is also responsible for all the grave consequences of what happened to them. To hold the perpetrator accountable for causing injury to a pedestrian, it is enough to establish that the driver violated traffic rules.
If a collision with a pedestrian was made while exceeding the speed limit limited by road signs, the driver is responsible for failure to control the safety of the vehicle.
How to properly refer to “independent circumstances”?
It is possible to tell the court that a person was “accidentally run over”, but it is ineffective. Factors that can be used as arguments for "chance" are:
- poor road lighting;
- adverse weather conditions;
- icy conditions, etc.
What to do if a criminal case has been opened for a fatal accident?
Find a good lawyer! Pedestrians are sometimes to blame for fatal accidents. In any case, the measure of responsibility is established by the court when considering with the involvement of the prosecution and defense parties, based on the materials of the criminal case.
Contact our qualified lawyers at the pre-trial investigation stage, when evidence is being collected. They will have time to study and analyze the case and help collect evidence of the driver’s innocence in order to dismiss the criminal case.
ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge.
Liability for fatal accidents
A car is a vehicle whose operation is associated with many risks, including death. And it is not even at all necessary that you yourself will suffer as a result of a traffic accident.
There is a possibility that another person may die from your inexperienced driving or the occurrence of insurmountable circumstances. Taking a person's life, even through negligence, is punishable in accordance with the criminal code.
A fatal accident (Article 264 of the Criminal Code of the Russian Federation) is a tragedy in which the person responsible will be held responsible. But this does not mean that the driver who survived the accident will be at fault.
In some situations, the guilt of the deceased person in an accident can be proven, which will certainly allow the survivor to avoid criminal punishment.
Composition and features of the crime
Fatal accidents are regulated by Art. 264 of the Criminal Code of the Russian Federation. In addition to death resulting from the operation of a vehicle, the article regulates crimes of causing grievous bodily harm as a result of accidents.
The object of the crime in this case is human life and health, as well as public safety on the road.
The objective side is qualified when establishing a cause-and-effect relationship between a violation of a specific traffic rule and the resulting consequences of an accident in the form of a person’s death.
The subjective side of the crime is characterized by the presence of reckless guilt as a result of negligent or negligent driving. The subject can be a person driving a vehicle when he or she reaches the age of 16 years.
In order for the accident to fall under Art. 264 of the Criminal Code of the Russian Federation, an examination must be carried out to confirm the connection between the actions of drivers and the consequences of the collision.
There are often cases when a person driving dies from a heart attack, as a result of which he loses control of the car and causes an accident. No one will be to blame for his death, it’s just a coincidence.
Punishment for fatal accidents
If the existence of a criminal offense is nevertheless proven, various penalties may be applied to the accused.
Each of them is used in the opinion of the court in the presence of certain circumstances of the crime. So, Art. 264 provides for the following penalties.
In case of traffic violation resulting in death:
- Forced labor for up to 4 years with deprivation of the right to engage in certain activities or hold specific positions for up to 3 years;
- Imprisonment for up to 5 years with deprivation of the right to hold certain positions or conduct specific activities for up to 3 years.
In case of violation of traffic rules resulting in death while under the influence of alcohol:
- Imprisonment from 2 to 7 years with deprivation of the right to engage in specific types of activities and hold certain positions for up to 3 years.
In case of violation of traffic rules resulting in the death of several victims:
- Forced labor for up to 5 years with deprivation of the right to engage in certain activities and hold certain positions for up to 3 years;
- Imprisonment for up to 7 years with prohibition of the right to engage in specific types of activities and hold certain positions for up to 3 years.
In case of violation of traffic rules, resulting in the death of several persons, while under the influence of alcohol:
- Imprisonment from 4 to 9 years with deprivation of the right to engage in certain activities and hold specific positions for up to 3 years.
Intoxication is recognized as the presence of alcohol or drugs in the body, as well as when the driver refuses to undergo a medical examination.
It is obvious that criminal liability for a fatal accident involves the use of alcoholic beverages as an aggravating circumstance.
If a person, aware of the prohibition on driving while intoxicated, intends to drive drunk, then he is fully aware of the danger of his actions.
Aggravating and mitigating circumstances in an accident
To establish the guilt of a specific person in an accident, a number of investigative measures are carried out. Traffic police officers, police, prosecutors and experts must check the technical condition of the car for faults, its trajectory, and the behavior of drivers on the road.
A criminal case will not be initiated if it is proven that the driver could not brake and prevent the collision.
The punishment for the driver will be chosen based on certain circumstances of his life and behavior on the road at the time of the accident.
In particular, the following may be considered aggravating circumstances:
All these actions confirm the bad faith of the malicious offender.
The court may take into account the following facts as mitigating circumstances:
- The driver is a pregnant woman;
- The driver has dependent children who have no one else to look after them;
- The driver completely made amends to the relatives of the deceased: he paid damages, moral compensation, apologized, etc.
The defense of the defendant must apply for the admission of mitigating circumstances in the case.
Payments under compulsory motor liability insurance for a fatal accident can be guaranteed to the relatives of the deceased. This is usually provided for by the policy itself. The amount of payment in each specific situation is determined individually.
The right to receive payment under compulsory motor liability insurance in the event of the death of a driver in an accident is only possible if the policy was issued no earlier than April 1, 2017.
In 2019, the maximum amount of payment under compulsory motor liability insurance for causing death in an accident due to negligence was 500,000 rubles. Only one payment for death in an accident amounted to 50,000 rubles. On average, its size ranges from 150,000 to 400,000 rubles.
How to receive compensation for moral damage?
The death of a relative, especially of working age, is not only a tragedy, but a significant deterioration in the financial situation of the family.
In civil proceedings, relatives have the right to demand compensation for moral suffering suffered as a result of the death of a loved one.
The amount of compensation for moral damage is not specified anywhere and can have absolutely any value. Another thing is that the judge, in the process of analyzing the crime and the circumstances of the defendant’s life, can significantly reduce the amount of such payment.
To get more, you need to take care of collecting the necessary documents confirming your deplorable condition.
So, to pay for moral damages you will need the following documents:
To determine compensation, the court will also take into account the age and financial situation of the defendant, his ability to pay the amount recovered.
Often the accused, not wanting to pay compensation, hides income, gets rid of property and tries to prove his financial insolvency in any other way. Seek help from the bailiffs to get the maximum amount of the penalty established by the court from the culprit.
If the deceased has minor children, legal representatives will represent their legal interests in court.
Arbitrage practice
When qualifying a crime under Art. 264 of the Criminal Code of the Russian Federation, difficulties arise in establishing a cause-and-effect relationship between traffic violations and the death of another person.
As a rule, a driver accused of a crime strives with all his might to prove his innocence and negligence. At the same time, it is almost impossible to prove exactly how the deceased acted on the road before the collision, unless of course there is a video recording.
In most cases, the judge, one way or another, reduces the amount of required moral compensation, but only slightly. Therefore, it is better to demand more.
In judicial practice, there are often cases in which road accidents occur with the participation of heavy truck drivers who are officially employed in specific companies for the transportation of goods.
Here, as a rule, the organization itself is recognized as the defendant for payment of compensation, and not the driver. He performed his job duties, and if he did not commit serious traffic violations, he will not be found guilty of this crime.
The company will be obliged to pay moral damages for the death of a person from its car.
When children who were driving according to all traffic rules in special seats die in an accident, the amount of compensation increases significantly.
When crossing the road in the wrong place, people risk being hit by a vehicle, which will not subsequently be punished by criminal law. After all, there are special places for transitions.
Cars are the most dangerous form of transport . About 40,000 people die on the roads in Russia every year. This terrible figure testifies to the chaos reigning on the roads, impunity and corruption among traffic enforcement agencies.
Today, in order to avoid getting into an accident and becoming a victim of such a collision, you need to think not only for yourself, but also for all surrounding road users.
Fatal accidents: punishment in 2019
One of the worst situations on the roads is, of course, a fatal accident. The criminal liability of the culprit in 2019 is still regulated by the norms of the Criminal Code of the Russian Federation, and penalties are chosen during the judicial review of the case, after studying the scene of the accident, procedural hearings and a number of investigative measures.
What kind of punishment the driver faces depends on a whole range of mitigating and aggravating factors. A practicing lawyer and author of a column on automobile law, Oleg Ustinov, will talk about this situation in more detail.
First actions in case of an accident
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The first thing every driver who has caused an accident must do is try to call an ambulance and provide first aid to the injured person . This must be done before calling the police and the insurance company.
Important : Remember that any attempt to escape from the scene in order to avoid the prescribed punishment will be considered in the future in court not in favor of the culprit. In any case, the culprit will be found, but the punishment for such an escape will be increased.
If, after a collision between a vehicle or a vehicle and a pedestrian, no one was injured, the driver will only face an administrative fine. However, if a person died as a result of an accident (it doesn’t matter - a pedestrian, a passenger or another driver), the corresponding provisions described in the Criminal Code of the Russian Federation come into force.
What responsibility does the driver have?
Penalties for fatal road accidents are described in Article 264 of the Criminal Code. As of today, a car enthusiast can expect one of the following options:
- If the accident caused the death of one person, the driver of the vehicle faces detention from 1 to 5 years or correctional labor for 4 years. At the same time, the citizen will be deprived of the right to occupy certain types of positions for a three-year period.
- If more than one person died as a result of a traffic situation, the person responsible for the accident will receive a prison sentence of 7 years or five years of forced labor. In addition, he will not be able to hold leadership positions for another 3 years.
- If, as a result of judicial proceedings, it is proven that the culprit of the incident was in a state of drug or alcohol intoxication, in 95% of cases he will be sentenced to imprisonment for a period of 7 years. Also, after serving a sentence, a citizen will be prohibited from holding leadership positions in commercial and government structures for 3 years.
- If more than two people died as a result of a traffic accident, and the driver was under the influence of drugs or alcohol, he faces up to 9 years in prison with deprivation of holding certain positions for a three-year period.
We remind you that the responsibility of the perpetrator in a traffic accident is determined in the Russian Federation only by the court, after analyzing and taking into account all the information provided.
At the same time, the preventive measure chosen by the court entirely depends on the positions of the prosecution and defense, as well as the circumstances of the incident, the characteristics of the behavior of its participants at the scene of the accident and the actions of the lawyer.
How the incident is investigated
In the process of determining the penalty for a motorist, the court is obliged to establish a cause-and-effect relationship between the driver’s actions and the death that occurred to another participant in the accident.
In this case, deviations from the situation are possible. For example, when a citizen who was a pedestrian dies not from an injury caused by a car, but from a heart attack, which was triggered by the release of adrenaline due to the current situation.
There are also reverse non-standard situations. For example, a citizen injured after an accident is conscious, explains the situation to traffic police officers, but a few days later dies from injuries received in this traffic accident.
Important : Establishing a connection between the accident and the death of a person is the main task of forensic experts who draw up a report and submit it to the court.
At the same time, before the start of court hearings, law enforcement officers conduct their own investigation during which at the scene of the tragedy:
- witnesses are interviewed;
- the area is inspected;
- vehicle breakdowns are identified due to which the driver could not control the vehicle;
- the so-called braking distance and other marks left on the roadway are examined;
- the psychological state of the driver is determined, etc.
Details that are revealed or not revealed by the police during this investigation can either increase or decrease the severity of the punishment for the perpetrator , which will subsequently be handed down by the judge.
What are the mitigating facts?
The punishment may be mitigated if during the investigation and court hearings the following circumstances that took place during the accident were considered:
- the driver not only immediately called an ambulance for the victim, but also began to take the first necessary measures to maintain the victim’s life;
- the motorist has extensive driving experience in driving a vehicle without such incidents;
- the driver responsible for the incident is raising a minor child or several children on his own;
- the culprit of the accident was a pregnant woman carrying a child.
If the injured party suffers moderate or light damage, according to Article 76 of the Criminal Code of the Russian Federation, the parties have the right to peacefully resolve the issue (payment of compensation, compensation for harm, etc.), without criminal punishment. However, this mechanism cannot be applied if a person died during an accident.
What are aggravating factors?
The punishment for an accident in which a person died due to the driver’s fault will be more severe if, during court hearings, circumstances are proven that increase the severity of the driver’s crime. These in 2019 include:
- driving while intoxicated;
- regular violations of traffic rules, which are recorded in the traffic police protocols;
- deliberately driving a faulty car or other vehicle classified as a high-risk vehicle;
- participation of a minor driver in an accident;
Important : If it turns out that at the time of the accident the vehicle was being driven by a minor, then all responsibility may fall on the person who allowed him to drive.
- the driver’s attempt to escape from the crime scene or refusal to provide first aid to the victim.
The presence of the above factors entails the most severe punishment for the culprit of the accident.
Let's sum it up
So, the criminal liability of the culprit for a fatal accident in our country is determined exclusively by the court! At the same time, the Criminal Code of the Russian Federation acts as a fundamental document in this case. What punishment will be chosen for the driver will depend on many factors that will be considered in court.
Be extremely careful while driving!
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Fatal accident
Russia ranks first in Europe in terms of the number of fatal road accidents. Every year, between 25 and 30 thousand people die from road accidents. This happens for various reasons, including because not all drivers understand that a car is a high-risk vehicle. Pedestrians do not always realize that the road is a place where, if you are careless, unpredictable consequences can occur.
Actions during a fatal accident
First of all, if a traffic accident occurs and there are victims, you should call an ambulance and turn on the hazard lights. If the driver of the vehicle is alive and can move, then he must help other victims. Immediately after this, you need to call the traffic police and record the details of witnesses. Under no circumstances should you move objects related to the accident.
If you do not comply with these norms established at the legislative level (Road Rules), then the qualification of the driver’s act will be completely different.
This will no longer be a fatal accident, but the criminal inaction of a participant in the incident. It is for this reason that it is strictly forbidden to leave the scene of the accident, even if there are no victims. If you leave the scene of an accident, the driver of the car may be subject to administrative liability in the form of a fine, arrest or deprivation of his license. If the driver left the scene of an accident in which there were injured and dead, then after that he will be searched for as a criminal who has broken the law. The criminal case will be tried in court, and the culprit of a fatal accident will face a more severe punishment.
Liability for a fatal accident
Establishing a cause-and-effect relationship
Criminal liability in a traffic accident resulting in death is possible if the victim received severe or moderate injuries, after which he immediately or after a certain period of time lost his life.
It is impossible to correctly determine the severity of injuries or the cause of death immediately at the scene of an accident. Some victims may appear to be in normal health upon initial examination, but deteriorate within a few days, followed by death.
In some cases the opposite may happen. A person dies during an accident, but during the examination it turns out that death did not occur from injuries, but from a heart attack, which was recorded a few minutes earlier. In this case, experts establish a cause-and-effect relationship between the accident and the death of the person. As a result, the actions of the person responsible for the accident may be reclassified as less serious, since guilt in the death of the person will not be proven.
Punishment options for fatal accidents
Since 2016, Article 264 of the Criminal Code of the Russian Federation has established specific types of sanctions for committing an accident that resulted in death. To do this, the court must establish the existence of a cause-and-effect relationship between the accident and the death of the victim.
When making a decision, all existing aggravating and mitigating circumstances are taken into account.
If one person dies, the driver of the vehicle responsible for this may receive forced labor for up to 4 years or imprisonment for up to 5 years. An additional penalty will be deprivation of a driver's license for a three-year period. If the driver is drunk in this case, the term of imprisonment is increased to seven years, and the driver’s license is revoked for the same period.
If two or more people die, the court has the right to impose a type of punishment such as forced labor for up to 5 years or imprisonment. In this case, rights are also deprived for a three-year period. If, under the same circumstances, the driver was drunk, then the term of forced labor remains at the same level, and the term of imprisonment increases by two years (up to 9 years). The rights in this case are also withdrawn for three years.
The sanction of this article provides for maximum sentences, which the court has no right to exceed when making a decision. The article does not establish a lower limit of punishment, which allows an experienced lawyer who will represent the interests of the guilty party to make maximum use of the mitigating circumstances specified in Article 264 of the Criminal Code of the Russian Federation. The presence of young children of the perpetrator, the commission of a crime for the first time, pregnancy, and provision of first aid to the deceased will allow the lawyer to develop a defense strategy that will allow him to receive a minimum sentence.
In what case can punishment be completely avoided?
The culprit of an accident can completely avoid punishment in several cases:
- if the culprit of the accident himself died after the accident;
- if it is possible to reach an agreement with the family of the person who died in the accident on compensation for damage and a reconciliation between the parties is achieved.
In order to achieve a positive result, you should seek help from a professional lawyer from the Pravoved.RU service, who has experience in resolving such disputes. You can get a consultation by phone or by asking questions in electronic form posted on the website Pravoved.RU.
Fatal traffic accident - prison or not?
The worst consequences of a car accident are the loss of life. Accordingly, the punishment for the culprit of such an accident is harsh, and it is regulated by the Criminal Code of the Russian Federation. Of course, all accidents are different, the driver may be subject to circumstances that mitigate or aggravate the guilt, therefore, in each specific case, the court chooses the preventive measure after it has read all the materials of the case and listened to all its participants.
Exactly what the punishment for a fatal accident will be depends on the behavior of all participants in the process at three main stages: at the scene of the accident, during the criminal investigation and at trial.
Actions at the scene of an accident that affect punishment
An accident that results in injuries is always accompanied by an ambulance call. It is the responsibility of each driver to first take care of providing assistance, and only then report the accident to the police and the insurance company. Ignoring this legislative norm may subsequently lead to the reclassification of the act, and we will no longer be talking about traffic violations, but about criminal inaction.
But in any case, you cannot simply drive away from the scene of the collision. Even if no one was injured, administrative liability is provided for leaving the scene of an accident in the form of deprivation of rights or arrest. And when it comes to the dead, the runaway driver will be searched for as a criminal, but for the court this will be a reason to toughen the punishment.
When a traffic violation is classified as a crime
Criminal liability arises only when, as a result of an accident, its participants received moderate or severe injuries, as well as if someone did not survive . But it is not always possible to immediately say at the scene of an accident that there are victims with severe injuries that turn out to be incompatible with life. Doctors have recorded cases where, during the initial examination, no serious injuries were found in a participant in an accident, but the next day the person died. In such cases, it is important to establish the relationship between the accident and death.
Conversely, victims found at the scene of an accident do not always die from the collision. A person with a weak heart may well die from a heart attack, frightened by the impact of a car cutting him off.
As a general rule, a driver who is guilty of violating traffic rules, which subsequently led to a fatal accident, is brought to criminal liability; the question of an administrative offense is not even raised. And death must be caused precisely by the collision. But at the same time, the driver should not have the intent of another traffic participant. If such circumstances are identified, the crime will be classified as murder, and the car will act as a weapon.
Possible punishment options
The consequences of a fatal accident are described in Art. 264 of the Criminal Code of the Russian Federation . When the court has determined that the driver is still guilty of violating traffic rules, and that the death of the victim is directly related to the collision, it takes into account all the existing mitigating and aggravating circumstances to make a decision. The above article establishes the following types of punishment in force in 2019:
- If one person died, then the person responsible for the accident faces forced labor (up to 4 years) or imprisonment (up to 5 years) . At the same time, he will be deprived of his driver's license for up to 3 years.
- If the driver was drunk, then the term of imprisonment is increased to 7 years . We are no longer talking about forced labor, and rights are also deprived for up to 3 years.
- If two or more people died, then the court may impose forced labor (up to 5 years), or imprisonment (up to 7 years) . The driver is again deprived of his license for up to three years.
- If two or more people died and the driver was drunk, then the maximum term of forced labor remains 5 years, but the term of imprisonment increases to 9 years . Deprivation of rights cannot exceed 3 years.
It is worth noting that the article indicates only the maximum sentences, which the court cannot exceed, but has every right to reduce. A lawyer representing the interests of the culprit of an accident, when developing a strategy for protecting his client, tries to make maximum use of the mitigating circumstances listed in criminal law, namely: the presence of young children or pregnancy, the insignificance of a traffic violation and committing it for the first time, providing assistance to the victim.
There can be no talk of any responsibility if the culprit of the accident himself crashed to death. But in Russian legislation there is another way to avoid responsibility - reconciliation with victims . If you come to an agreement with the relatives of the deceased and compensate them for the damage, you can become exempt not only from punishment, but also from criminal liability.
The person at fault in a fatal accident, if he fails to reach an agreement with the relatives of the deceased, first of all faces the possibility of having a criminal record. The punishment is determined by the court, and it will depend on many details, but mainly on the activity of the defense lawyer, who must seek a mitigation of the punishment at all stages of criminal proceedings.
