Russian drivers waiting for the next set of amendments radically stricter liability for the violation of a number of points of the SDA. The deputies decided to impose mandatory jail time for the perpetrators of drunken fatal accidents and to prevent the possibility of reconciliation of the parties in such incidents.
For the lack of CTP policy and increased shading fines will increase significantly. In addition, the police allowed to check drunk drivers and their cars are no witnesses.
The bill deputy Irina Spring to tighten accountability for violations of traffic regulations prepared for the second , the main reading. The MPs made a number of important amendments to the Criminal Code , Code of Criminal Procedure and the Code of Administrative Offences (CAO ), which will translate some irregularities in the category of crimes and tighten a number of existing penalties.
The Penal Code against drunk drivers
One of the most important changes included in the amendment will not be possible reconciliation with the perpetrator of the deadly accident by the injured party .
Currently, relatives or other representatives of the deceased person in an accident can " go to the world " and , for example, take the money from the perpetrator in exchange for the termination of the criminal prosecution.
In order to avoid such a scenario , there will be changes to the articles 75 and 76 of the Criminal Code (" Exemption from criminal liability in connection with the active repentance " and " in connection with primereniya parties" , respectively) , as well as 25 and 28 of the Code of Criminal Procedure (" the criminal case a reconciliation of the parties "and" in connection with active repentance ", respectively) .
The legislator said that reconcile the perpetrator banned only if the accident had been killed .
In addition , the amendments establish a lower limit for the first time the term of imprisonment for drunken accidents with victims . This is from two to seven years under part 4 of article 264 of the Criminal Code , and from four to nine years under Part 6 of Article 264 of the Criminal Code (" Making a road accident while intoxicated resulting in death of man" and the same offense that resulted in the death of two or more persons) .
The introduction of this rule actually legalize mandatory prison sentences for the two parts of Article 264 - will set minimum , but mandatory prison sentences , while at the present time for them provides imprisonment for a term of between seven and nine years respectively. If convicted, the driver will not be able to limit probation and get real jail time.
Under Article 264 of the person who has renounced medosvidetelstvovaniya after the accident, will be assimilated to the driver who committed a traffic accident while intoxicated .
The fact that the re- use of alcohol while driving or repeated refusal to be governed by medosvidetelstvovaniya new Article 264 (1). Thus for the first time the fact of drinking and driving , though repetitive, would be classified as a criminal offense .
The driver , who was detained drunk for the first time , to pay a fine of 30 thousand rubles. and denied the rights for up to two years ( as now ) . But with the new amendments , if caught drunk again ( even within a year after the expiration of deprivation ) , then it falls under the criminal article , which provides for imprisonment of up to two years, with subsequent deprivation of a driver's license for a period of three years.
The authors of the bill believe that the moral right to impose criminal penalties for driving under the influence appeared after the September changes , and more specifically , the introduction of a possible total measurement error alcotester ( in fact, the drivers returned to the old ppm). The presence of this rule , confident in the State Duma , suggests that innocent people do not fall under the stricter , since only the excess of the error suggests that the driver was really drunk.
President of the board of the legal protection of car owners Viktor Travin believes that the victim in the accident only consolation - when the perpetrator to pay the money .
" The injured party will be deprived of this opportunity . They do not care whether or not he will sit down . The main thing is to give money in order smoothing guilt. Citizens should not be denied opportunities to receive at least some compensation, and if the perpetrator jailed for 25 years, then it is not compensation - said, " the Newspaper " Travin . - Ability to pay off is decided in court, it can be so large sum that the culprit would prefer to serve a period of time. Mercy - this is a very severe punishment . The victims will get nothing from the villain, and it will not have an incentive to pay - all the same after jailed . "
Nevertheless, the expert believes that the introduction of the lower limit of the period - the right move . " The rascals who deserve severe punishment , often get off with a suspended sentence ," - agreed Travin .
Equating the failure of the management medosvidetelstvovaniya car while intoxicated expert is a good step , but with reservations. "We have , unfortunately , not very clearly spelled out , as should be done waiver of examination. What with all the physiological characteristics of the organism can be deemed a waiver ? It is necessary to register all the possible options that it is deemed a waiver , "- said the expert.
Travin believes that criminal penalties for repeat drunken driving is unlikely to affect those who abuse alcohol and driving. " Any measure will affect only a sober driver . He understands that there are terrible penalties , but if he drank , then it will not work . As a preventative measure , it can not work - it's more like revenge state drunk driver "- said the expert. According to Travin , these measures are corrupt comprehensive.
New penalties instead of back issues
The amendments provide for increased penalties for a number of existing violations. This is due to the fact that the same documents void of Article 27.13 of the Administrative Code , which provides state number plates as a result of the removal of some violations. Thus, the traffic cop will not be allowed to roll on the road numbers . The article was removed from the Code , as the drivers on October 15, have the right to make new copies of the license plate instead stolen or lost .
The authors of the bill is concerned that under the existing Administrative Code violations remain punishable stay . These rules allow the drivers for three days to remove the prohibition of the operation and the reasons for all this time to go without numbers . The parliamentarians considered that a legal opportunity to ride without state number plates is fraught with danger - such a machine can at least break free of TR and remain unidentified .
Due to the fact that the need to rent rooms disappeared, it was decided to increase the penalties for items previously included in the measure.
In particular , this step will affect Part 2 of Article 12.1 ( running passenger taxi , bus or truck without inspection ) - the penalty for this violation will increase from 500 - 800 rubles to 2.5 - 5 thousand rubles.
Driving with excessive tint will be punished by a fine of three thousand rubles . instead of the previous 500 rubles.
Driving a car is not being made to the CTP policy or do without this document will result in a fine of 1.5 and 3 thousand rubles . respectively (500 and 800 rubles. earlier).
Will toughen penalties for modification and installation of false rooms - up to disqualification for a period of two years. Currently, these violations are punishable by fines ranging from 500 to 2.5 thousand rubles , and suspension of driving privileges for a period of six months to one year.
The changes will affect and compliance with police - Refusal on the request of the inspector shall be punished by a fine in the amount of 2 - 3 thousand rubles instead of the current 500 - 800 rubles .
According to the authors of the bill , patrol cars are sufficiently equipped with DVRs that such a violation could be determined objectively.
In conclusion, the proposed fix is already available in the UK the ability to produce the proceedings in the absence of witnesses to the Administrative Code . By these actions mean suspension from driving , survey on the subject of intoxication or inspect the vehicle.
Instead, witnesses are encouraged to use the camera to record which will applied to the case. According to the parliamentarians , the measure is relevant in rural areas, where witnesses when stopping a drunk driver can not be found . In addition , this move will reduce the costs associated with the subpoena witnesses who live in remote areas, and solve the problem of bribery of witnesses by unscrupulous lawyers.
Travin considers that the increase in fines after the abolition of stay does not get adequate compensation for the same punishment. " Scares thoughtless higher fines , when the sums are misguided .
Why three thousand? Why not four nine ? These figures are taken from the ceiling, they work as well as other penalties are not "- said Travin .
The expert believes that the gradation of violations also raises questions. " The absence of the policy , by and large, we are doing harm only themselves . But the government believes that a violation of dangerous driving through a red light , "- said the expert.
Expert questioned the advisability of replacing the video recording of the proceedings of witnesses . "When the police to carry out a plan to rig the case or something to throw up , then they interfere with witnesses . Though they are uncomplaining people , but then can open his mouth and say something totally embarrassing for the police officer . Now if they would ever think to make a drunk person sober , then it will be removed so that the frame will get only what he needs. Camera - partisan thing , because it holds the operator . But witnesses have the right to make their comments in the report - that they did not like . And now it turns out that no one give their opinion will not " - said the expert.
" Profile Committee today voted , now we will ask council to put the State Duma in the second reading , it will be held in the coming week - said," the Newspaper " State Duma deputy and the head of the party" Avtomobilyanaya Russia " Vyacheslav Lyssakov .
- The third is in 2 - 3 days after that. The government tried to put everything in a big circle on formal grounds , but we iron arguments - six months amendments are in the Duma, no one bothered to offer anything , and is now asking to extend the deadline and make all over again . " "The situation with the introduction of criminal liability all know - know the media , society knows . This is all to be expected , save for next year does not make sense. We take all this year " , - concluded the deputy.
For the lack of CTP policy and increased shading fines will increase significantly. In addition, the police allowed to check drunk drivers and their cars are no witnesses.
The bill deputy Irina Spring to tighten accountability for violations of traffic regulations prepared for the second , the main reading. The MPs made a number of important amendments to the Criminal Code , Code of Criminal Procedure and the Code of Administrative Offences (CAO ), which will translate some irregularities in the category of crimes and tighten a number of existing penalties.
The Penal Code against drunk drivers
One of the most important changes included in the amendment will not be possible reconciliation with the perpetrator of the deadly accident by the injured party .
Currently, relatives or other representatives of the deceased person in an accident can " go to the world " and , for example, take the money from the perpetrator in exchange for the termination of the criminal prosecution.
In order to avoid such a scenario , there will be changes to the articles 75 and 76 of the Criminal Code (" Exemption from criminal liability in connection with the active repentance " and " in connection with primereniya parties" , respectively) , as well as 25 and 28 of the Code of Criminal Procedure (" the criminal case a reconciliation of the parties "and" in connection with active repentance ", respectively) .
The legislator said that reconcile the perpetrator banned only if the accident had been killed .
In addition , the amendments establish a lower limit for the first time the term of imprisonment for drunken accidents with victims . This is from two to seven years under part 4 of article 264 of the Criminal Code , and from four to nine years under Part 6 of Article 264 of the Criminal Code (" Making a road accident while intoxicated resulting in death of man" and the same offense that resulted in the death of two or more persons) .
The introduction of this rule actually legalize mandatory prison sentences for the two parts of Article 264 - will set minimum , but mandatory prison sentences , while at the present time for them provides imprisonment for a term of between seven and nine years respectively. If convicted, the driver will not be able to limit probation and get real jail time.
Under Article 264 of the person who has renounced medosvidetelstvovaniya after the accident, will be assimilated to the driver who committed a traffic accident while intoxicated .
The fact that the re- use of alcohol while driving or repeated refusal to be governed by medosvidetelstvovaniya new Article 264 (1). Thus for the first time the fact of drinking and driving , though repetitive, would be classified as a criminal offense .
The driver , who was detained drunk for the first time , to pay a fine of 30 thousand rubles. and denied the rights for up to two years ( as now ) . But with the new amendments , if caught drunk again ( even within a year after the expiration of deprivation ) , then it falls under the criminal article , which provides for imprisonment of up to two years, with subsequent deprivation of a driver's license for a period of three years.
The authors of the bill believe that the moral right to impose criminal penalties for driving under the influence appeared after the September changes , and more specifically , the introduction of a possible total measurement error alcotester ( in fact, the drivers returned to the old ppm). The presence of this rule , confident in the State Duma , suggests that innocent people do not fall under the stricter , since only the excess of the error suggests that the driver was really drunk.
President of the board of the legal protection of car owners Viktor Travin believes that the victim in the accident only consolation - when the perpetrator to pay the money .
" The injured party will be deprived of this opportunity . They do not care whether or not he will sit down . The main thing is to give money in order smoothing guilt. Citizens should not be denied opportunities to receive at least some compensation, and if the perpetrator jailed for 25 years, then it is not compensation - said, " the Newspaper " Travin . - Ability to pay off is decided in court, it can be so large sum that the culprit would prefer to serve a period of time. Mercy - this is a very severe punishment . The victims will get nothing from the villain, and it will not have an incentive to pay - all the same after jailed . "
Nevertheless, the expert believes that the introduction of the lower limit of the period - the right move . " The rascals who deserve severe punishment , often get off with a suspended sentence ," - agreed Travin .
Equating the failure of the management medosvidetelstvovaniya car while intoxicated expert is a good step , but with reservations. "We have , unfortunately , not very clearly spelled out , as should be done waiver of examination. What with all the physiological characteristics of the organism can be deemed a waiver ? It is necessary to register all the possible options that it is deemed a waiver , "- said the expert.
Travin believes that criminal penalties for repeat drunken driving is unlikely to affect those who abuse alcohol and driving. " Any measure will affect only a sober driver . He understands that there are terrible penalties , but if he drank , then it will not work . As a preventative measure , it can not work - it's more like revenge state drunk driver "- said the expert. According to Travin , these measures are corrupt comprehensive.
New penalties instead of back issues
The amendments provide for increased penalties for a number of existing violations. This is due to the fact that the same documents void of Article 27.13 of the Administrative Code , which provides state number plates as a result of the removal of some violations. Thus, the traffic cop will not be allowed to roll on the road numbers . The article was removed from the Code , as the drivers on October 15, have the right to make new copies of the license plate instead stolen or lost .
The authors of the bill is concerned that under the existing Administrative Code violations remain punishable stay . These rules allow the drivers for three days to remove the prohibition of the operation and the reasons for all this time to go without numbers . The parliamentarians considered that a legal opportunity to ride without state number plates is fraught with danger - such a machine can at least break free of TR and remain unidentified .
Due to the fact that the need to rent rooms disappeared, it was decided to increase the penalties for items previously included in the measure.
In particular , this step will affect Part 2 of Article 12.1 ( running passenger taxi , bus or truck without inspection ) - the penalty for this violation will increase from 500 - 800 rubles to 2.5 - 5 thousand rubles.
Driving with excessive tint will be punished by a fine of three thousand rubles . instead of the previous 500 rubles.
Driving a car is not being made to the CTP policy or do without this document will result in a fine of 1.5 and 3 thousand rubles . respectively (500 and 800 rubles. earlier).
Will toughen penalties for modification and installation of false rooms - up to disqualification for a period of two years. Currently, these violations are punishable by fines ranging from 500 to 2.5 thousand rubles , and suspension of driving privileges for a period of six months to one year.
The changes will affect and compliance with police - Refusal on the request of the inspector shall be punished by a fine in the amount of 2 - 3 thousand rubles instead of the current 500 - 800 rubles .
According to the authors of the bill , patrol cars are sufficiently equipped with DVRs that such a violation could be determined objectively.
In conclusion, the proposed fix is already available in the UK the ability to produce the proceedings in the absence of witnesses to the Administrative Code . By these actions mean suspension from driving , survey on the subject of intoxication or inspect the vehicle.
Instead, witnesses are encouraged to use the camera to record which will applied to the case. According to the parliamentarians , the measure is relevant in rural areas, where witnesses when stopping a drunk driver can not be found . In addition , this move will reduce the costs associated with the subpoena witnesses who live in remote areas, and solve the problem of bribery of witnesses by unscrupulous lawyers.
Travin considers that the increase in fines after the abolition of stay does not get adequate compensation for the same punishment. " Scares thoughtless higher fines , when the sums are misguided .
Why three thousand? Why not four nine ? These figures are taken from the ceiling, they work as well as other penalties are not "- said Travin .
The expert believes that the gradation of violations also raises questions. " The absence of the policy , by and large, we are doing harm only themselves . But the government believes that a violation of dangerous driving through a red light , "- said the expert.
Expert questioned the advisability of replacing the video recording of the proceedings of witnesses . "When the police to carry out a plan to rig the case or something to throw up , then they interfere with witnesses . Though they are uncomplaining people , but then can open his mouth and say something totally embarrassing for the police officer . Now if they would ever think to make a drunk person sober , then it will be removed so that the frame will get only what he needs. Camera - partisan thing , because it holds the operator . But witnesses have the right to make their comments in the report - that they did not like . And now it turns out that no one give their opinion will not " - said the expert.
" Profile Committee today voted , now we will ask council to put the State Duma in the second reading , it will be held in the coming week - said," the Newspaper " State Duma deputy and the head of the party" Avtomobilyanaya Russia " Vyacheslav Lyssakov .
- The third is in 2 - 3 days after that. The government tried to put everything in a big circle on formal grounds , but we iron arguments - six months amendments are in the Duma, no one bothered to offer anything , and is now asking to extend the deadline and make all over again . " "The situation with the introduction of criminal liability all know - know the media , society knows . This is all to be expected , save for next year does not make sense. We take all this year " , - concluded the deputy.