Issues of legal assessment of causes and circumstances of road traffic accidents and problems of protection of those involved

Бесплатный доступ

Purpose: Research into the problem of protection of legal rights and interests of persons in road accident cases. Methodology: Formal legal method hase been used. Results: The article pays attention to the problems of investigative and judicial practice, legal classification of the conduct of those, involved in a road accident. It outlines the distinctive features and deficiencies of nowadays investigation and examination of cases by first instance courts. It attracts attention to the necessity of investigators’ good faith in finding facts forming the object of proof. It underlines the necessity of full and objective investigation and examination of a criminal case, of adequate technical (expert) and, on this basis, well-founded legal assessment of circumstances of road accidents, due examination of motivated arguments of the accused and of his or her defense in the framework of adversarial proceedings and equality of arms which are only declared by procedural law. It features arguments of the defense, which, along with incomplete investigation and other substantial violations of procedural law in a case, entail quashing of a conviction judgment...

Еще

Legality, standard of proof, interests of prosecution and defense, technical and legal assessment, motor mechanic expert examination

Короткий адрес: https://sciup.org/140249678

IDR: 140249678

Статья научная