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The Constitutional Court banned motorists from being fined twice for hitting pedestrians

  • May 22, 2023
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Double punishment for one traffic violation is not in accordance with the principles of Russian law. However, such conflicts, caused by loopholes in legislation, still occur from time

The Constitutional Court banned motorists from being fined twice for hitting pedestrians

Double punishment for one traffic violation is not in accordance with the principles of Russian law. However, such conflicts, caused by loopholes in legislation, still occur from time to time. Another “hole” of this kind tried to close the Constitutional Court.

We are talking about two articles of the Code of Administrative Offenses: 12.18 (not giving advantage to a pedestrian”, a fine of 500-2500 rubles) and 12.24 (damage to health in an accident, from 2500 rubles fine to deprivation of ” rights” for 1.5 years). The Constitutional Court (CC ) published the result of the hearing of the case of a citizen named Chepurnaya. He encountered a child in the city of Volsk, Saratov region. The driver was fined ex 1,500 by the traffic police pursuant to Article 12.18 of the Dutch Civil Code, after which the subdistrict court handed him in his driving license pursuant to Article 12.24 of the Dutch Civil Code, because the victim had a broken arm.

The citizen decided to appeal against the double sentence to the courts and finally reached the Constitutional Court, referring to the provisions of part 5 of art. 4.1 of the Code of Administrative Violations and art. 50 of the Constitution of the Russian Federation. In its decision, the Constitutional Court instructed the legislature (the State Duma) to exclude the possibility of double punishment of the driver for the same offense. And until then, the Constitutional Court banned the simultaneous application of Art. 12.18 and 12.24 of the Code of Administrative Offenses. He ruled that when the case of a motorist who hit a pedestrian comes to court, when dealing with it, one must first cancel a citizen’s sentence under 12.18 of the Code of Administrative Offenses and only then art. 12.24 of the Code of Administrative Violations.

We are talking about two articles of the Code of Administrative Offenses: 12.18 (not giving advantage to a pedestrian”, a fine of 500-2500 rubles) and 12.24 (damage to health in an accident, from 2500 rubles fine to deprivation of ” rights” for 1.5 years). The Constitutional Court (CC ) published the result of the hearing of the case of a citizen named Chepurnaya. He encountered a child in the city of Volsk, Saratov region. The driver was fined ex 1,500 by the traffic police pursuant to Article 12.18 of the Dutch Civil Code, after which the subdistrict court handed him in his driving license pursuant to Article 12.24 of the Dutch Civil Code, because the victim had a broken arm.

The citizen decided to appeal against the double sentence to the courts and finally reached the Constitutional Court, referring to the provisions of part 5 of art. 4.1 of the Code of Administrative Violations and art. 50 of the Constitution of the Russian Federation. In its decision, the Constitutional Court instructed the legislature (the State Duma) to exclude the possibility of double punishment of the driver for the same offense. And until then, the Constitutional Court banned the simultaneous application of Art. 12.18 and 12.24 of the Code of Administrative Offenses. He ruled that when the case of a motorist who hit a pedestrian comes to court, when dealing with it, one must first cancel a citizen’s sentence under 12.18 of the Code of Administrative Offenses and only then art. 12.24 of the Code of Administrative Violations.

Source: Avto Vzglyad

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