Termination of criminal case due to reconciliation of the parties in case of violation of traffic rules and vehicle operation regulations (taking into account Germany’s experience)

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The issue of termination of criminal cases due to reconciliation of the parties when committing a twoobject crime – violation of traffic rules and vehicle operation regulations, including those resulting in negligent homicide, is examined in the article. The lack of a unified approach to resolving this issue is currently noted. In this regard, the author turns to German criminal procedure, which provides for the possibility of termination of criminal proceedings upon compensation for harm caused to the victim in cases of committing a two-object criminal offence. This possibility exists only if there is a specific victim. The author substantiates the conclusion that the criterion for resolving the problem should be based on the mechanism for resolving the criminal conflict. In reconciliation of the parties, the criminal law conflict is resolved voluntarily at the interpersonal level between the accused (suspect) and the victim. Therefore, the agreements reached between them, that is their reconciliation is the starting point in deciding the issue of termination of criminal prosecution / case and is obligatory for the authorized body or official to terminate the criminal case / prosecution due to reconciliation of the parties.

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Termination of criminal case, reconciliation of parties, two-object crime, negligent homicide, violation of traffic rules

Короткий адрес: https://sciup.org/140313377

IDR: 140313377   |   УДК: 343.9