Alcohol intoxication as the factor affecting qualification of crimes connected with violation of traffic rules and operation of vehicles

Introduction. At present in our country the number of the crimes established under Article 264 of the Criminal Code of the Russian Federation remains at an unacceptably high level. It is obvious that the issues of fight against traffic crimes don’t become irrelevant which is confirmed by the events devoted to traffic safety with participation of the top officials of the state. Materials and Methods. During the research 11 narcologists, including narcologists-psychiatrists in charge of medical examination for intoxication, were interviewed. The method of the analysis is used when studying medical literature and the judgments on criminal cases established under Article 264 of the Criminal Code of the Russian Federation. The statistical method is applied for assessment of official data of the number of traffic accidents, the dead and wounded. Results and Discussions. It is stressed that some criminal traffic offenses do not fit into a framework of reckless crime being in fact the crime committed with indirect intent. First of all it is necessary to speak about the violations committed in the state of intoxication which caused grievous bodily harm and death of one or more persons. Despite the variety of the substances causing intoxication alcohol remains available and widespread. The practical experience of the researchers in the field of medicine, results of the interviewing enabled the author to define the frames within which there is a change of the functions affecting the quality of driving. Conclusions. The indicator of blood alcohol content which is higher than 0,5 % (more than 0.21 mg/l in the exhaled air) is the conventional medical sign of the driver being in the state of intoxication of a small degree exceeding which will reliably indicate the deliberate nature of committed traffic offenses and violation of vehicle operation. The driver cannot rely on prevention of adverse heavy consequences of the violation of traffic rules and vehicle operation committed by him, therefore it is necessary to consider the crime within the frames of the crime committed with indirect intent.