Non-contact road traffic offenses: specifics of investigation

Автор: Badikov D.A., Suchkov A.I.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовное право и процесс

Статья в выпуске: 1 (40), 2024 года.

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The article considers the main problems that arise during the preliminary investigation in criminal cases related to traffic violations that caused serious harm to human health or death by negligence in non-contact road accidents. One of the most serious problems identified during the study of judicial practice and regulatory legal acts was the establishment of the fact that there is no legislative consolidation of the concept of a non-contact traffic accident, as well as the concepts of classification of road accidents by type; in addition, there is no unified methodology for investigating non-contact road accidents, that is, in cases of absence of physical impacts (contact, collision) between road users. As a result of the study of the materials, scientific conclusions were drawn and recommendations were proposed for the forensic support of the investigation of non-contact road accidents that entailed socially dangerous consequences provided for in Article 264 of the Criminal Code of the Russian Federation. The purpose of the study is to analyze the problematic issues that arise during the preliminary investigation in criminal cases related to traffic violations that caused serious harm to human health or death by negligence in non-contact road accidents. In solving the tasks set, general and particular methods of scientific cognition were used, such as comparative law, formal law, and statistical analysis.

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Investigator, traffic crime, violation of traffic rules, investigative actions, investigation, types of traffic accidents, non-contact traffic accidents, double fault

Короткий адрес: https://sciup.org/14129569

IDR: 14129569   |   DOI: 10.47475/2311-696X-2024-40-1-78-83

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