ST 264 of the Criminal Code of the Russian Federation.
1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which through negligence entailed the infliction of grave harm to human health, -
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
2. An act provided for in the first part of this article, which through negligence entailed the infliction of grave harm to a person’s health, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of three to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. An act provided for in the first part of this article, resulting in the death of a person through negligence, -
shall be punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. An act provided for in the first part of this article, resulting in the death of a person through negligence, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by imprisonment for a term of five to twelve years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
5. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
6. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, if it:
a) committed by a person in a state of intoxication;
b) involves leaving the place where it was committed, -
shall be punishable by imprisonment for a term of eight to fifteen years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. No longer valid as of July 1, 2015.
Notes. 1. In this article and Article 264.1 of this Code, other mechanical vehicles mean tractors, self-propelled road construction and other self-propelled machines, as well as vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety.
2. For the purposes of this article and Articles 263 and 264.1 of this Code, a person who is in a state of intoxication is recognized as a person driving a vehicle if it is established that this person has consumed substances that cause alcoholic intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible the total measurement error established by the legislation of the Russian Federation on administrative offenses, or in the case of the presence in the body of this person of narcotic drugs, psychotropic substances or their analogues or new potentially dangerous psychoactive substances, as well as a person driving a vehicle who has not complied with the legal requirement of an authorized official about undergoing a medical examination for intoxication in the manner and on the grounds provided for by the legislation of the Russian Federation.
Commentary to Art. 264 Criminal Code
1. The subject of the crime is motor vehicles, cars, trams and other vehicles. In accordance with the note to this article, these include trolleybuses, as well as tractors and other self-propelled vehicles (for example, truck cranes, graders, combines, etc.), motorcycles and other mechanical vehicles. In accordance with paragraph. 9 tbsp. 2 of the Federal Law of December 10, 1995 N 196-FZ “On Road Traffic Safety” “a vehicle is a device intended for transporting people, goods or equipment installed on it along the roads.” According to the Road Traffic Rules 1993, motor vehicles are vehicles driven by an engine. The term also applies to any tractors and self-propelled machines. To motor vehicles in accordance with paragraph. 2 clause 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 N 25, in particular, includes cars, buses, trolleybuses, trams, motorcycles, quadricycles, mopeds, etc. According to Note 1 to the commented article, tractors, self-propelled road construction and other self-propelled vehicles, as well as vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety, are recognized as other mechanical vehicles. If the vehicle is moved manually by pushing, then the subject of this crime is absent. Within the meaning of this article, military, special and other transport vehicles that are the subject of a crime under Art. 350 of the Criminal Code of the Russian Federation.
2. The objective side of the crime is expressed in the form of action or inaction. Violation of vehicle traffic safety rules can be expressed in driving through a prohibiting signal, failure to comply with the speed limit, driving into the oncoming lane, etc. Violation of the rules for operating a vehicle can be expressed in parking a vehicle in the wrong place, transporting passengers in an unequipped vehicle, operating technically faulty vehicles, etc. A mandatory feature of a crime is the occurrence of socially dangerous consequences due to negligence: grave harm to human health (parts 1 and 2), death of a person (parts 3 and 4), death of two or more persons (parts 5 and 6). In this case, it is necessary to establish a cause-and-effect relationship between violation of traffic safety rules and transport operation and the socially dangerous consequences that occur. For the application of Art. 264 of the Criminal Code of the Russian Federation, the location of the crime is important: driving a vehicle must be carried out within the boundaries of the roads.
3. The crime is recognized as completed from the moment the socially dangerous consequences specified in the law occur. In the absence of such consequences, the actions may be qualified according to the norms of Chapter. 12 Code of Administrative Offenses of the Russian Federation.
4. The subject under parts 1, 3 and 5 of the article is special: a person who has reached the age of 16 and directly drives the vehicle or is responsible for its operation. The subject of the crime can be either a professional driver or a person who does not have a driver’s license of the established form, or any other person from whom this document was confiscated in accordance with the procedure established by law, as well as a person teaching driving on a training vehicle with dual controls. To qualify an act under Art. 264 of the Criminal Code of the Russian Federation, it does not matter whose ownership the vehicle is. According to Parts 2, 4 and 6 of Art. 264 of the Criminal Code, the subjects of a crime can be the same persons, but in a state of intoxication (note 2 to the article).
The fact that a person driving a vehicle uses substances that cause alcohol intoxication must be established based on the results of an examination for alcohol intoxication and (or) a medical examination for intoxication, and the presence of narcotic drugs or psychotropic substances in the body of such a person must be established based on the results of a chemical test. toxicological studies during a medical examination for intoxication (clause 10.1 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25).
5. A person who drove vehicles other than the specified mechanical vehicles (for example, bicycles) and committed a violation of traffic safety rules or the operation of vehicles, which through negligence resulted in the infliction of serious harm to health or the death of a person, if there are grounds for this, is liable respectively, according to Part 1, 2 or 3 of Art. 268 of the Criminal Code of the Russian Federation (paragraph 3, paragraph 2 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25).
6. In cases where the person driving the vehicle intentionally used it to cause harm to the health of the victim or cause his death, the act entails criminal liability under the articles of the Special Part of the Criminal Code on crimes against life and health.
A criminal case has been opened against me under Part 3 of Art. 264 of the Criminal Code of the Russian Federation, can I avoid a suspended sentence?
Hello! A criminal case has been opened against me under Part 3 of Art. 264 of the Criminal Code of the Russian Federation, can I avoid a suspended sentence?
Lawyer Antonov A.P.
Good afternoon
According to Part 3 of Article 264 of the Criminal Code, violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, resulting in the death of a person through negligence, is punishable by forced labor for up to four years with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. According to Article 73 of the Criminal Code, if, having imposed correctional labor, restrictions on military service, detention in a disciplinary military unit or imprisonment for a term of up to eight years, the court comes to the conclusion that it is possible to correct the convicted person without actually serving the sentence, it decides to consider the imposed punishment conditional. A suspended sentence is not assigned to: a) those convicted of crimes against the sexual integrity of minors under fourteen years of age; a.1) convicted for crimes provided for in parts one and two of Article 205.1, Article 205.2, part two of Article 205.4, parts one to three of Article 206, Article 360 of this Code; b) when committing a serious or especially serious crime during the probationary period, with a conditional sentence imposed for committing an intentional crime, or during the unserved part of the sentence imposed for committing an intentional crime, with conditional early release; c) in case of a dangerous or especially dangerous relapse. When assigning a suspended sentence, the court takes into account the nature and degree of social danger of the crime committed, the identity of the perpetrator, including mitigating and aggravating circumstances. Probation periods that have not expired on the day of entry into force of Federal Law No. 33-FZ of March 29, 2010 are calculated in the manner established by Article 73 of this Code (as amended by the said Federal Law). When assigning a suspended sentence, the court establishes a probationary period for which the conditionally convicted person must prove his correction by his behavior. In case of imposition of imprisonment for a term of up to one year or a more lenient type of punishment, the probationary period must be no less than six months and no more than three years, and in case of imposition of imprisonment for a term of more than one year - no less than six months and no more than five years . The probationary period is calculated from the moment the sentence enters into legal force. The probationary period includes the time elapsed from the date of pronouncement of the sentence. If a sentence is imposed in the form of detention in a disciplinary military unit, the conditional probationary period is established within the limits of the remaining period of military service on the day the verdict is announced. With a suspended sentence, additional types of punishment may also be imposed. The court, when assigning a suspended sentence, imposes on the suspended sentenced person, taking into account his age, ability to work and state of health, the performance of certain duties: not to change his permanent place of residence, work, study without notifying the specialized government body that monitors the behavior of the suspended sentenced person, not to visit certain places, undergo treatment for alcoholism, drug addiction, substance abuse or a sexually transmitted disease, work (get a job) or continue studying in a general education organization. The court may impose on the conditionally convicted person the performance of other duties that contribute to his correction. Control over the behavior of a conditionally convicted person is carried out by an authorized specialized state body, and in relation to military personnel - by the command of military units and institutions. During the probationary period, the court, on the proposal of the body monitoring the behavior of the conditionally convicted person, may cancel in whole or in part or supplement the duties previously established for the conditionally convicted person. Thus, you can only be assigned forced labor, real or conditional imprisonment.
Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.
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Second commentary to Art. 264 of the Criminal Code of the Russian Federation
1. The subject of the crime is a car, tram or other mechanical vehicle. The concept of “other motor vehicle” is disclosed in the note to the commented article. Other self-propelled machines include any road, construction, agricultural and other special machines (excavator, grader, truck crane, scraper, forklift, etc.).
2. The objective side is expressed in:
a) violation of traffic rules or operation of vehicles;
b) the occurrence of serious harm to human health;
c) the presence of a causal connection between the act and the resulting harmful consequences.
3. The rules establish a certain traffic order. When finding a person guilty of violating them, courts are obliged to indicate in their sentences exactly what rules they violated and what exactly this violation was.
The consequences of a crime include causing serious harm to human health (see commentary to Article 111 of the Criminal Code). There must be a causal relationship between violation of traffic rules or operation of a vehicle and the resulting consequences.
4. The subjective side is characterized by a careless form of guilt.
5. The subject of the crime is a person who has reached the age of 16 and is driving a vehicle. The absence of a driver's license does not matter for deciding the issue of criminal liability.
6. Responsibility is differentiated depending on the consequences that occur (the death of one person - part 3; two or more persons - part 5) and the state of intoxication and leaving the scene of a crime (parts 2, 4 and 6).
Article 264. Violation of traffic rules and operation of vehicles
Article 264. Violation of traffic rules and operation of vehicles
[Criminal Code] [Special Part] [Section IX] [Chapter 27]
1. Violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, which entailed through negligence the infliction of grievous harm to human health, -
shall be punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to two years, with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or by arrest for a term of up to six months, or by imprisonment for a term of up to two years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.
2. An act provided for in the first part of this article, committed by a person in a state of intoxication, which through negligence entailed the infliction of grievous harm to a person’s health, -
shall be punishable by forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
3. An act provided for in the first part of this article, resulting in the death of a person through negligence, -
shall be punishable by forced labor for a term of up to four years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
4. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in the death of a person through negligence, -
shall be punishable by imprisonment for a term of two to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
5. An act provided for in the first part of this article, resulting in the death of two or more persons through negligence, -
shall be punishable by forced labor for a term of up to five years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or imprisonment for a term of up to seven years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
6. An act provided for in the first part of this article, committed by a person in a state of intoxication, resulting in the death of two or more persons through negligence, -
shall be punishable by imprisonment for a term of four to nine years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Note. No longer valid as of July 1, 2015.
Notes. 1. In this article and Article 264.1 of this Code, other mechanical vehicles mean tractors, self-propelled road construction and other self-propelled machines, as well as vehicles for which a special right is granted in accordance with the legislation of the Russian Federation on road safety.
2. For the purposes of this article and Article 264.1 of this Code, a person driving a vehicle is recognized as a person in a state of intoxication if it is established that this person has used substances that cause alcoholic intoxication, which is determined by the presence of absolute ethyl alcohol in a concentration exceeding the possible total error measurements established by the legislation of the Russian Federation on administrative offenses, or in the case of the presence in the body of this person of narcotic drugs, psychotropic substances or their analogues or new potentially dangerous psychoactive substances, as well as a person driving a vehicle who has not complied with the legal requirement of an authorized official to pass medical examination for intoxication in the manner and on the grounds provided for by the legislation of the Russian Federation.
