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The drunk violators explained the rights

26.04.2018
The drunk violators explained the rights

Drunk drivers, who escaped from the scene of the accident, were in a better position than those who waited for police officers, decided yesterday the Constitutional Court of the Russian Federation (CC). Now legislators need to correct an unconstitutional note to art 264 of the Criminal Code of the Russian Federation and eliminate the existing "space" in a year. The Constitutional Court clarified paragraph 2 of the notes to art. 264 of the Criminal Code, according to which the driver, who has committed an accident, is considered drunk only by the results of the examination or if he refuses it. For "Drunk " drivers punishment is stricter. 

However, the Criminal Code does not explain what to do if the driver escaped from the accident, and caught him later, when to understand the state of the accident, it is impossible. As a result, these drivers are punished by "Sober" articles.

The Advisor of YUST Law Firm Igor Pastukhov has commented to the newspaper "Izvestia " actions of the Constitutional Court: "Termination of action of point 2 notes to Art. 264 the Criminal Code will lead to the fact that as evidence of intoxication of the driver shall be taken into account not only the results of the medical examination, but also the testimony of witnesses and other evidence".


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