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Криминалистика. Криминалистическая характеристика дорожно-транспортных преступлений (самое важное)

Lecture notes, cheat sheets

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86. CRIMINALISTIC CHARACTERISTICS OF ROAD TRANSPORT CRIMES

The types of accidents are:

1) collision of a vehicle with pedestrians, cyclists, horse-drawn vehicles and animals;

2) collision of vehicles;

3) overturning of the vehicle;

4) collision of a vehicle with an obstacle;

5) falling passengers;

6) other traffic accidents.

Accidents can occur due to the fault of people (drivers, passengers, pedestrians), due to the irresistible force of nature and due to a combination of circumstances.

Traffic violations by drivers most often include:

1) exceeding the safe speed during maneuvers, hitting a section of the road with worse characteristics;

2) aggravation of the road situation; non-observance of the order of passage of intersections;

3) failure to give or incorrect giving of a warning signal;

4) incorrect calculation of the minimum stopping distance at different speeds and road conditions;

5) violation of the requirements of traffic lights, road signs and indicators, requirements of road markings;

6) non-observance of a safe distance;

7) unexpected departure from one's lane and being blinded by headlights;

8) parking on the roadway without lighting;

9) violation of the rules for the carriage of passengers;

10) the drunken state of the driver, his work over time exceeding the permissible limits, after which fatigue sets in, etc.

Traffic violations by pedestrians usually consist of:

1) unexpected appearance of a pedestrian due to an obstacle;

2) sudden exit due to a vehicle moving in the same or opposite direction;

3) unpredictable behavior of a pedestrian, in which the driver is mistakenly confident in mutual contact with a pedestrian;

4) exit to the carriageway in a place where it is prohibited;

5) sudden exit from the unlit area of ​​the road, etc.

In the event of an accident, the following circumstances must be established:

1) in violation of which traffic rules the actions of the perpetrator were expressed, which entailed socially dangerous consequences;

2) where, when, how and under what circumstances the accident occurred;

3) what consequences occurred as a result of an accident;

4) the presence of a causal relationship between violations of traffic safety rules and transport operation and the consequences;

5) what is the form of guilt of each participant;

6) who is guilty of committing criminal violations of traffic safety rules and transport operation;

7) what circumstances contributed to the accident.

When investigating an accident, a thorough inspection of the scene of the accident, transport, and questioning of witnesses, victims, suspects and other persons should be conducted. An examination of the vehicle is appointed, during which the facts of an accident due to a malfunction of the vehicle can be established. The inspection of the scene of the accident should be carried out thoroughly, but as quickly as possible, as this usually creates obstacles to traffic. During the inspection, an accurate plan of the scene of the incident should be drawn up.

Authors: Aleinikov A.G., Salova E.E.

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