What penalty applies when a traffic rule violation causes a death?
A violation causing a person's death is punished by imprisonment from four to seven years with deprivation of the right to hold an official position or carry out an activity for up to three years. Committed under the influence of alcohol or narcotic, psychotropic or new psychoactive substances — from six to nine years. Where two or more persons died — from six to ten years, and under influence — from eight to twelve years.
How does alcohol influence affect the qualification?
Influence of alcohol turns each consequence level into a separate aggravated composition: for example, with less grave bodily injury the penalty rises from up to three years of imprisonment to a range of two to five years. Moreover, it is precisely in cases committed under the influence of alcohol that deprivation of the right to hold a position or carry out an activity is applied as a penalty.
How is influence of substances proved?
Under the note to the article, influence of narcotic, psychotropic or new psychoactive substances is established by clinical and laboratory conclusions, and where the person refuses the laboratory examination — by the clinical conclusion alone. Alcohol influence is the subject of the forensic traffic examination.
Does Article 276 directly describe leaving the accident scene?
No — the article describes violation of the rules of traffic safety or operation and their consequences. The driver's duties connected with a road accident are set by the traffic rules and other normative acts, so the qualification is always built on the link between a concrete violation and its consequence.
When can the penalty be a fine or community service?
A fine and community service from two hundred to four hundred hours are provided for driving under the influence of narcotic, psychotropic or new psychoactive substances; a fine is also available for the less grave and grave injury compositions. In death cases the penalty is imprisonment only.
