The penalty for leaving the scene of fatal accidents have increased

17 April 2019

The state Duma approved amendments to criminal code and administrative code to strengthen accountability of the driver for leaving the scene of an accident with a fatal outcome

On the website of the state Duma on 17 April published information about the new amendments to articles 264 and 264.1 of the criminal code. Also the amendments to article 12.27 of the administrative code.
Still leaving the driver in violation of traffic rules, the accident, which he was punished by deprivation of the right of management by vehicles for the term from one year till one and a half years or administrative arrest for up to 15 days. What is now the drivers who have committed acts punishable under part 2, part 4 or part 6 of article 264 of the criminal code, and hit-and-run accident, was carrying less than strict liability, since the possibility to establish the fact of use of the driver causing the intoxication of substances through a medical examination after time was lost.

The Chairman of the state Duma Vyacheslav Volodin said: "Those who fled the scene of an accident, which injured or killed people, now have less responsibility than those who stayed and passed the test for alcohol", stressing the need for tougher penalties for those who left the scene of an accident.

Enhanced criminal liability of a person operating a vehicle and violating traffic rules, which entailed by negligence the infliction of grievous bodily harm if the act is associated with the abandonment of the place of its Commission, has intensified. Now the act will be qualified as regards 2 articles 264 of the criminal code punishable by compulsory labour for a term up to three years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years or deprivation of liberty for a term up to four years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

Also increases criminal liability of a person operating a vehicle and violating traffic rules, entailed on imprudence death of the person if the act involves the abandonment of the place of its Commission – now this is the part 4 of article 264 of the criminal code, which prescribes punishment in the form of imprisonment for the term from two till seven years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

The same act which entailed by negligence the death of two or more persons, if it involves the abandonment of the place of Commission will be qualified under part 6 of article 264 of the criminal code, envisaging the penalty of deprivation of liberty for a term of four to nine years with deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.

In addition, changes to the administrative code provide that a driver leaving the scene of an accident, by which it is party, will entail administrative liability under part 2 of article 12.27 of the administrative code of the Russian Federation only in the absence of signs of penal acts.