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Art. 286 of the Criminal Code of Ukraine. Assistance from a lawyer for accidents with victims

With the development of scientific and technological progress and an increase in the production and sales of cars, respectively, the number of road traffic accidents involuntarily increased (hereinafter referred to as road accidents).

The range of consequences from an accident is wide and varied: from insignificant damage to cars, to the death of the driver, his passenger or pedestrian.

If you look more broadly, the result of the incident is the harm done to property, or to life and health.

Damage to property does not fall within the scope of criminal offenses, regardless of its size and assessment. This is the subject of a separate proceeding, as part of a civil lawsuit. And besides this, the culprit will pay an administrative fine or even lose his driver’s license if he is brought under Art. 124 KuoAp.

Criminal liability arises according to Article 286 of the Criminal Code of Ukraine, when the result of an accident is harm to the life and health of the victim, namely:

  • • moderate damage;
  • • Severe damage
  • • Death of a person
  • • The death of several individuals.

Let's take a closer look at what says Article 286 of the Criminal Code.

Article 286. Violation of the rules of road safety or operation of vehicles by persons driving vehicles.

Part 1. Violation of the rules of road safety or the operation of vehicles by a person driving a vehicle that resulted in moderate bodily injury -

shall be punished by a fine of two hundred to five hundred tax-free minimum incomes of citizens or correctional labor for a term of up to two years, or arrest for a term of up to six months, or restriction of liberty for a term of up to three years with the deprivation of the right to drive vehicles for a term of up to three years or without one.

From this we can conclude that in order to convict the driver of a crime under this article, it is necessary first of all to violate the rules of the road that caused moderate injuries, serious bodily injuries or death.

Based on the foregoing, slight bodily harm is not considered a criminal offense and does not entail criminal liability. And this line between mild and moderate bodily harm is a definite maneuver for a traffic accident lawyer if he protects you from criminal liability.

The correct actions of a lawyer specializing in accidents at the stage of appointing and conducting a forensic medical examination and determining the degree of damage to the health of the victim can help qualify the actions of the guilty person as administrative or help the expert conclude that the injuries of the victim caused previous injuries and diseases of a person being examined by an expert and not related to a criminal offense under Article 286 of the Criminal Code.

Criminal offenses in the area of ​​violation of the Rules of the Road (hereinafter referred to as traffic rules) are crimes that are characterized by an imprudent form of guilt.

If the investigator proves intent, the offense will be qualified as murder (in the case of the death of the victim) or intentional infliction of appropriate bodily harm. Although, depending on the specific circumstances of the incident, there can be a rather fine line between intent and negligence, which again is a maneuver for your lawyer.

The basis for criminal liability for accidents under Article 286 of the Criminal Code.

Let's systematize a little earlier said.

In order to prosecute you for an accident under Article 286, you must have a criminal offense in your actions, the necessary elements of which are:

  • • The fact of the harm itself.
  • • This harm was caused by an unlawful act.
  • • There is a causal relationship between the act and the harm done.
  • • There is a fault of the offender.

If you consider the presence of such a composition in relation to accidents that have caused damage to the health of a pedestrian, you must have the following:

violation of traffic rules by the driver (unlawful act);
injuries to the victim (actually caused harm);
the violation should be the direct cause of causing precisely such injuries or damage (causal connection).

We stopped briefly on harm and it, according to Article 286, should be the result of an unlawful act, which in our case must be understood as a violation of traffic rules by you. The options are well known:

speeding;
talking on the phone while driving;
untimely response to an obstacle (untimely braking);
not sober driving, etc.

Causation occurs when the unlawful behavior of the offender is the direct cause of the harm. In other words, violation of traffic rules is the cause, and harm is the result. If there were no traffic violations, then no harm would have been done.

In this part, as you understand, is also an extensive field of activity for a lawyer.

A banal hand fracture may not actually be the result of an accident, and a lawyer will have to prove it. For example, a hand may be injured, broken earlier, and the imaginary victim may take advantage of an accident (or adjust it) to “bring” you to criminal liability and profit in some way.

Or the opposite situation, when there was no fracture at the time of the accident, but the alleged victim portrayed pain, and on the way to the medical institution I drove to a friend and persuaded him to break his arm. Again, in order to aggravate your liability for accidents and increase your own profit. This, of course, may be a slightly exaggerated case, but it can happen in life.

If an accident lawyer refutes the existence of the causal connection mentioned above, the question of your possible criminal liability will cease to exist.

Examination.

An important means of proving the criminal offense under Article 286 in the actions of the culprit of the accident, as well as your defense, is the result of an auto-technical examination.

If the forensic medical examination mentioned earlier examines only the issue of the degree of damage to the health of the victim, the circumstances and the time of his infliction (causal connection), then this examination answers all other questions regarding the presence of a criminal offense in your actions: whether there is a violation SDA and guilt in your actions.

The first question that is always posed to an expert by a vehicle is whether there is a violation of traffic rules in the actions of each participant in an accident.

Sometimes the banal question of exceeding (or not exceeding) speed is determined by an expert by calculation, since there is no other way to answer this question.

Perhaps we repeat that this examination is again a chance for an experienced lawyer to prove your innocence of a criminal offense according to the results of an accident.

Do not forget that a lawyer may be required not only to the potential culprit of the accident, but also to the victim, to punish the culprit and recover damages from him.

Especially often, the lawyer is hired by close relatives of the deceased or injured to recover from the culprit of the accident, including moral damage caused by the death of a loved one as a result of an accident.

Are you unreasonably prosecuted for an accident under Article 286 of the Criminal Code?
  Are you a participant in an accident, but innocent and cannot defend your innocence?
  Have you suffered from traffic accidents and are tired of law enforcement inaction?
Contact our law firm! Our accident lawyer will accompany you at all stages and achieve a positive result!

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