The Constitutional Court of Russia decided to develop norms against drunken drivers who fled after an accident and thus avoided medical examination. This was reported by the press service of the Constitutional Court.
The court found unconstitutional the note 2 of Article 264 of the Criminal Code of Russia, which in practice puts “in a more advantageous position” drunk drivers who fled after an accident. According to the current legislation, the courts could determine the driver’s intoxication based on the presence of ethyl alcohol or drugs in his body, or on the basis of a registered refusal of medical examination.
The Constitutional Court obliged the Parliament to make the necessary changes to the current legal regulation within a year. Before the changes are introduced, the old order of recognizing the driver as a drunk will be in effect.
In the opinion of the automobile expert Sergey Aslanyan, in the country with independent courts and incorruptible police such an amendment is a good innovation, but in Russia – “the expansion of the powers of the repressive apparatus”.
“There may be a situation where it is not possible to carry out a survey of alcohol intoxication, but there are indications and circumstantial evidence that the person was drunk, disappeared from the scene and thus avoided accusations under this article. However, a huge number of people can be recognized drunk with links to this legal rule without due process, “Aslanyan said.
The reason for the consideration of the case was the request of the Presidium of the Ivanovo Regional Court, in the cassation proceedings of which there is a criminal case against Sergei Zhuravlev. He was found guilty of an accident, as a result of which two of his passengers were killed. After the crash Zhuravlyov disappeared, but a year later he came to the police himself. In court, he stated that the allowed speed did not exceed and behind the wheel was sober. This contradicted the testimony of witnesses and victims, video recordings and other evidence. The driver was sentenced to eight years in prison. The verdict of the court was appealed, the Supreme Court considered that the arguments about Zhuravlyov’s misappropriation of an accident in a drunken state deserve attention, since he did not pass a medical examination.