If one person died as a result of the culprit being drunk and driving:

• arrest of the perpetrator for 7 years;
• no forced labor;
• deprivation of driver's license for 3 years.

If more than one person died:

• imprisonment for 7 years;
• forced labor with imprisonment for 5 years;
• arrest of driver's license for 3 years.

If more than one person was killed and the driver was drunk at the time of the accident:

• imprisonment up to 9 years;
• forced labor for up to 5 years with imprisonment for the same period;
• Driver's license is revoked for 3 years.

These are penalties that are prescribed in the law to their maximum extent. Under certain mitigating circumstances, the degree of liability may be somewhat mitigated by the court, but not exceed what is established by the Criminal Code.

If it's not your fault

The presence or absence of guilt in the first seconds of the accident, as well as in the subsequent time until the proceedings find their solution, does not in any way affect the fact of leaving or not leaving the scene of the accident.

Guilt is established during the investigation, preferably with a traffic police officer, unless, of course, you amicably resolve these problems with the other party to the accident. By law, both parties are required not to leave the scene of an accident on the road.

However, if you still managed to leave, and then wonder what you are now facing, then you should know that the law does not provide for any fines in these cases. If you are discovered, your license will simply be taken away for a year or a year and a half, and that’s all.

If there is no damage and claims by both participants

One of the conditions of the Road Traffic Rules of the Russian Federation, which allow for those moments when it is quite reasonable to leave the scene of a traffic accident, is the mutual consent and agreement of the participants in the accident, as well as minimal damage caused to cars, or the absence thereof.

In addition, those cases are also considered when the accident did not cause any damage or harm to the health of the passengers in the vehicle that collided with another car or the drivers who were participants in the incident.

In such situations, it is quite acceptable for drivers to leave the roadway where a minor collision occurred, and there is also no need to call traffic police inspectors to investigate and record protocols.

How to mitigate the punishment

It should be noted that those responsible for road accidents, the consequences of which are severe or moderate, as well as the complete death of the injured party, are brought to criminal liability.

The first and most important mitigating circumstances are, first of all, assistance in transporting victims of a road accident to the hospital as soon as possible, whether it is the driver of another car, a passenger or a pedestrian.

In these cases, generally leaving the scene of an accident will not be considered a malicious violation, and will serve as significant evidence of the involvement of the culprit or an innocent participant in the process of providing first aid, which is regarded as an action under the law.

To mitigate the punishment for escaping from the scene of an accident, concepts such as “ last resort"or "extreme necessity." These include those situations in which the fact remains clear that someone’s life and health depended on the actions of the driver who left the scene of the accident.

Therefore, the judicial authorities primarily pay attention to these points. All excuses such as being in a hurry and being late for work, etc. will not be taken into account by the court as a mitigating circumstance.

The degree of guilt of the driver can also be mitigated if the medical examination, which he can undergo immediately after the accident, proves his state of shock and affect, in which he spontaneously decided to leave the scene of the accident.

How to prove innocence

Evidence of your innocence must comply, first of all, with the Rules of the Road. In Russia, such Rules clearly state those situations when the place where an accident occurred on the road can be left with impunity.

Such situations may include the following cases:

1. When the results of the initial collision were captured on video or a photographic recording device.
2. In case of an obstacle and blocking of heavy traffic, when there is a high probability of causing another accident. Also, the location in these circumstances is left subject to prior filming of the collision.
3. If the condition of the victims is critical, it is possible to stop passing car no, then the participating driver, who suffered less than others from a car collision, is allowed by law to take the wounded himself to the first medical facility.
4. In the case when the condition of the victim outside of the accident is critical, for example, the child had to be taken to the hospital urgently, and then got into an accident, then the court may consider this case according to the principle: the harm caused in terms of severity turned out to be less than the harm prevented (by based on Article 12.27 Part 2 of the Code of Administrative Offenses of the Russian Federation).
5. It can also be proven by somehow confirming the fact that the driver did not actually notice the slight collision with another car, and therefore drove away from the scene.

Whatever the situation on the road when a collision occurs with other cars, if there is no emergency and you are of absolutely sound mind, then the best option The primary action will be not to leave the scene of the accident.

If you cannot subsequently prove your innocence, and have already left the scene of the accident, you should contact the traffic police yourself with a confession, so to speak, where you can write an explanatory note describing all the arguments that are the factors that pushed you to the decision to leave the place accident and drive away.

Every driver must be prepared to bear responsibility for an accident or provide first aid to someone injured in an accident.

Video: If you are accused of leaving the scene of an accident

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The current regulations in 2019 provide for fairly severe penalties for leaving the scene of an accident. An offense such as spontaneously driving away from the scene of an accident is considered quite serious.

Leaving the scene of an accident (Article 12 27 part 2 of the Code of Administrative Offenses of the Russian Federation) entails administrative arrest, fine and/or deprivation of rights for up to one and a half years.

The driver will face punishment even if he did not notice how he became involved in the accident. This can happen when, for example, you carelessly scratched someone else’s car and drove away.

We suggest that you consider these situations in more detail in order to protect yourself from mistakes and thereby avoid liability for leaving the scene of an accident.

If you find yourself in a difficult situation, we are ready to provide free legal consultation on this issue. Contact our lawyer by phone to receive professional legal support!

Check out an example of a case we won:

Many car owners, when contacting a law firm, begin the conversation with the question of what they face, according to the adopted standards of 2019. The following rules currently apply:

• Leaving the scene of an accident is possible if there are no injuries in the accident and both participants have no claims against each other.
• If one of the participants left the scene of the accident, despite protests from the second driver, this is the basis for initiating a lawsuit in which you will have to defend your interests.
• It is possible to temporarily leave the scene of an accident without punishment if, as a result of the accident, there are victims who require emergency hospitalization, but it is not possible to find other transport to transport citizens to a medical facility.

However, according to Art. 12 27 h 2 of the Code of Administrative Offenses of the Russian Federation, after a trip to a medical facility, the driver is obliged to return to the scene of the incident, and before that, in the presence of witnesses, record the position of the vehicle during the accident and other details of the incident.

There is no special punishment for leaving the scene of an accident without injuries (2019) if two vehicles were involved in the accident, the drivers of which have valid MTPL policies.

If the participants do not disagree about who is responsible for the incident, you can file an accident without calling the police. Based on these documents, the insurer will make a compensation payment.

And finally, Article 12 27 provides for the possibility of avoiding punishment by leaving the scene of an accident if there is a need to clear the road because the vehicle is obstructing traffic.

When studying information about what punishment is provided by law for leaving the scene of an accident under the new rules, you should pay attention to the fact that, in addition to a fine and deprivation of rights, you may be faced with the need to compensate the insurance company for damages.

In this case, the insurer has a legal basis for filing a lawsuit against the culprit of the incident in order to recover the amount that was paid to the victim.

Thus, for a person who left the scene of an accident, the punishment for a rash act can become truly extremely severe and very unfavorable for the budget!

How to avoid such problems? First of all, we strongly advise you to study Article 12 27 part 1 and part 2. This will protect you from mistakes caused by ignorance of legal regulations. In addition, you should always have the phone number of a car lawyer on hand, who you can contact if unexpected problems arise on the road.

In 2019 and over the past period of this year, many motorists managed to avoid punishment for leaving the scene of an accident, as well as unfounded claims from participants in the incident, since the necessary legal protection measures were taken in a timely manner, an objective assessment of the situation was made and the real guilt of each of the participants in the incident was established .

Is it possible to avoid punishment in the form of deprivation of rights for leaving the scene of an accident?

If there has been a violation of Article 12 27 Part 2 of the Code of Administrative Offenses of the Russian Federation and you are looking for ways to avoid punishment for leaving the scene of an accident, we advise you to immediately contact the specialists of the Auto Lawyer Moscow company. Thanks to our extensive practical experience, we are able to find solutions to problems even in the most difficult cases!

A very unpleasant consequence for a driver in the event of leaving the scene of an accident, according to the norms, is a punishment in the form of a ban on driving for up to one and a half years. A recourse claim by an insurance company is also not a reason for joy.

Some drivers who have violated Part 1 of Article 12 27 consider punishment inevitable, so they refuse to even attend a court hearing and try to exercise their legal right to prove their innocence!

If your lawyer proves that you left the scene of the accident out of extreme necessity, we will talk about the absence of an offense, which entails the dismissal of the charges.

Thus, avoiding punishment for leaving the scene of an accident (12 27 part 2) is only possible if a good car lawyer represents your interests in court! If you need advice from a car lawyer, call our company - help is guaranteed!

Check out an example of a won case:

Updated: 06/26/2018 1795

Is it possible to leave the scene of an accident without breaking anything?

Good afternoon, or whatever time of day it is! Many people wonder whether it is possible to leave the scene of an accident and, if so, when? In this article I will answer these questions in detail. I advise you to study it carefully, because for illegally leaving the scene of an accident you will be deprived of your rights!

Let’s immediately define what is considered leaving the scene of an accident in violation of traffic rules, for which, by the way, you can lose your license. One condition can be called decisive: if the incident is registered by traffic police officers in the absence of any of the participants in the accident. All.

All other cases: moving the car, leaving the scene of an accident by both participants, registration according to the European Protocol, and even the temporary departure of the driver, if the person leaving managed to return to fill out the documents, are not considered leaving the scene of the accident.

Moreover, after fixing the position of objects resulting from the accident, Drivers are required to clear the road. True, if there are no wounded or dead, this is done even if the colliding cars simply create an obstacle, and if people are injured, the car needs to be moved only if otherwise the movement of the vehicle flow becomes impossible.

You can also leave the scene of an accident in case of emergency, take the wounded person to the hospital, when there is no one else to do this except the participants in the accident. But the driver who drove is required to return to the scene of the accident to complete paperwork.

When can you leave the scene of an accident?

Paragraph 2.6.1 of the traffic rules clearly states the conditions when you can leave the scene of an accident. You can only leave the scene of an accident if when there are no wounded or dead. If this condition is met, two scenarios are possible.

If drivers cannot agree among themselves

First option. If there is no common point of view between the drivers on what happened, you should definitely call the traffic police. But the employee can order you to come to the traffic police post to register the accident. Before this, drivers must record, including with the help of photo and video recording, the position of the vehicle and other objects related to the accident relative to each other and surrounding objects.

This situation is also not considered leaving the scene of the accident if all its participants arrive at a stationary traffic police station and fill out the paperwork there with the participation of an inspector.

There are no disputes between the participants

The second option is when the participants in the accident have no disagreement regarding guilt, circumstances of the accident, etc. In this case, the accident may not even be reported to the traffic police.

In this case, those involved in the accident have a choice of three options for action.

1. go together to the nearest traffic police department and there, together with the traffic police officers, document what happened. You must first take a photograph or otherwise record the location of the car at the scene of the accident;
2. draw up a Europrotocol(but this is only possible if two vehicles collided (a trailer is not considered a vehicle), both drivers have compulsory motor insurance, and nothing except the participants’ vehicles was damaged);
3. do not report an accident(additional condition - only the property of the participants should be damaged, that is, if a pole is demolished, this option will not work).

Registration at the traffic police post

The simplest and most reliable method in terms of obtaining compensation for damage. In essence, it is no different from registration by traffic police officers, as it was before. The only difference is that you no longer wait for the order, sitting in the car for hours, but go to the inspectors yourself. At the department you will be given the same papers as when registering at the scene of the accident.

Besides, in Lately traffic inspectors increasingly do not go to the scene of minor accidents, but ask their participants to go to the nearest post, even if there are disagreements between the participants.

A friend of mine recently encountered this. It was in Moscow. He got into a small accident. When he called the police, the employee told him that traffic cops no longer go to the scene of accidents without victims, and said that drivers need to come to the police station themselves or fill out a European protocol.

Registration of an incident according to the European Protocol

As already mentioned, in addition to agreeing with guilt, a necessary condition is the participation of only two vehicles and the presence of a “car citizen” policy for both car owners.

This type of design has one more, most important feature. It can only be applied when the damage is less than 50,000 rubles. An exception is made for incidents that occurred in Moscow, St. Petersburg, and their regions. If the participants in the accident provide photos and video materials from the scene of the accident, as well as the coordinates of the incident obtained using GLONASS, maximum size compensation will increase to 400,000 rubles.

The actual registration of an accident consists of filling out jointly by two drivers a notification of an accident, the forms of which are issued by insurers when purchasing a policy, as well as at any time at the request of the insured. The main thing is to fill out the notification form correctly, otherwise the insurance company may.

And further. The at-fault party must deliver his part of the notice form to his insurer. Otherwise, he faces recourse from the insurance company.

Travel without registration

Most often, this option is used when the culprit does not have compulsory motor liability insurance, and also when the damage is minor and drivers do not want to file an accident so as not to lose it, or not to bother with paperwork.

In this case, the participants agree among themselves about who is to blame, how much each owes to whom, how the payment will be made, and by mutual agreement they leave.

To avoid any unpleasant situations later, you must write a receipt confirming damages and no claims. It is written in free form.

It is necessary to take a receipt that there are no claims, even if you are not at fault and do not intend to receive compensation from the culprit. Because otherwise, the second driver may change his mind, return to the scene of the accident, call the traffic police, and you will be declared to have fled the scene of the accident, and even the culprit.

What to do if there is no property damage

In this case, there can be no talk of any registration or non-registration, as well as leaving the scene of an accident. Because if there is no damage, then there is no accident. This follows from its definition. Accordingly, in the absence of material damage, there cannot be an insured event under MTPL, since there is no obligation to compensate for the damage.

Surely someone will remember about . But it is not reimbursed under the auto insurance policy. All that remains is to demand compensation for it from the culprit through the court, but, firstly, the infliction of mental suffering in this case is almost impossible to prove, and if you somehow manage to do this, the amount awarded will be negligible. And, most likely, the case will be dismissed due to its insignificance.

Regarding non-contact road accidents. It involves damage to the property and/or health of others even though the participants are not in direct contact, meaning it does not apply to a situation where there is no damage.

When there is only one participant in an accident

First you need to make sure that you are really the only participant in the incident. This means that only your property should be damaged. In reality, this is not always what it seems at first. After all, a pole, a billboard, a fence must belong to someone. And also pets usually have their own owners. And even a seemingly wild deer may belong to the forestry sector, as well as the seedlings planted along the road.

If only your property was really damaged, you are sure that there is definitely no second participant, that is, a victim, you can leave the scene of the accident with a clear conscience, which is quite consistent with clause 2.6.1 of the traffic rules. The exception is when your car is insured under comprehensive insurance. Because documents from the traffic police will be required for payment.

If people were injured in an accident, even the driver himself, calling government officials is mandatory. But superficial injuries, such as abrasions, bruises and skin wounds that do not impair general health, are not considered bodily harm.

If the culprit escaped

In this case, calling the traffic police is mandatory. You can’t leave, even to catch up with the culprit.

Firstly, by leaving, you will thereby leave the scene of the incident in violation of traffic rules. And the punishment for this is deprivation of rights for at least 1 year or arrest. Moreover, the culprit may return and call the traffic inspectors himself.

Secondly, the chance to find the culprit, and therefore receive compensation for damage, always exists. It's stupid to just lose him like that. Moreover, the faster they start looking for someone who has left, the higher the likelihood that they will find him.

Let's sum it up

• leaving the scene of an accident the one without whose participation it was formalized is considered;
• damage to someone's property– a mandatory sign of an accident;
• leave the scene of the accident in some cases it is quite legitimate and even necessary;
• no dead or wounded And agreement between participants on the question of who is to blame, the circumstances of the incident, etc. - mandatory conditions for legally leaving the scene of an accident without reporting it to government agencies;
• at the direction of law enforcement officials you may need to leave the scene of the accident to the police station for registration, without waiting for the traffic police crew to arrive, even if there are disagreements between the drivers;
• participants can choose how to proceed: register the accident at the police station, fill out the Europrotocol, or do not formalize anything.

Conclusion

Now you know when you can leave the scene of an accident, and when it is strictly prohibited. Registration of an accident without calling representatives of the traffic police will allow those involved in an accident to save time and nerves, while inspectors will be able to complete more cases where their help is really needed. Why inspectors can’t arrive quickly for every call is another question.

And if you have something to tell about legally leaving the scene of an accident, be sure to write it in the comments. If you have questions about the topic discussed in this article, write them also in the comment form. They will not be left unattended.

In this video a car lawyer will briefly talk about cases when you can leave the scene of an accident:

P.S.: Images taken from here: drive2.ru/l/4701469. Photos of Mercedes-Benz CLK.

More on the topic:

Comments to the article: 13

Vladimir

30.01.2018 | 14:36

And if at a gas station they drove into me backwards and as a result the headlight was broken and the bumper was agreed upon without the traffic police on the spot giving 2t for the headlight and 3t said he would give it back the next day and disappeared... There are 2 witnesses and maybe there is video from cameras, I have nothing left can I do it? So that according to the law

Elena

05.05.2018 | 03:16

Hello! And if there was no accident, and the person standing behind my car hit it with his hand (there are no traces on the car and he, accordingly, too, he simply recorded contact with my car during my reverse maneuver, driving out of the parking space onto the roadway ), and then, without my knowledge, he called an ambulance and the traffic police and wrote a statement in which he indicated that after the collision with my car he felt dizzy, his legs weakened and his blood pressure rose, and at the ambulance they gave him a cardiogram)), and it turned out that he had there was also a witness, but I left and a couple of hours after that a traffic police officer called me and I went to fill out a response statement and was invited to the analysis group. What am I going to say now? There was no accident, but for some reason they accepted a statement from this citizen. So it turns out I fled the scene of the accident? But I did not cause any material or physical damage.

1. Igor Pischy

   17.01.2019 | 08:37

   Hello, Elena.

   This is a very complex, but also interesting situation from a legal point of view (which arises quite often), the clarification of which will be useful for many drivers and pedestrians. In this case, an event occurred that, under certain conditions, may have signs of either a non-contact accident, or simply a traffic violation, or both. As I understand, you performed a maneuver on a vehicle that resulted in the creation of a dangerous situation. For this, a penalty may be imposed on the driver under Art. 12.14 (Violation of maneuvering rules) or under Art. 12.18. (Failure to give priority in traffic to pedestrians or other road users). If this happens in a residential area, then this is also a violation of clause 17.1 of the Traffic Regulations (Traffic in residential areas), according to which a pedestrian always has priority, with the exception of unreasonable actions). If the traffic police determines that you are guilty under these provisions, then you will be subject to an appropriate fine for violating traffic rules.

   Regarding liability for leaving the scene of an accident, under such circumstances it may or may not occur - it all depends on whether the situation is classified as an accident. Legislation, in accordance with clause 1.2 of the Traffic Regulations and Art. 2 Federal Law No. 196, road accidents are defined as follows:

   “A road traffic accident is an event that occurred during the movement of a vehicle on the road and with its participation, in which people were killed or injured, vehicles, structures, cargo were damaged, or other material damage was caused.”

   That is, for an accident, damage (bodily or material) is required, which was a consequence of the situation that arose. Let's take as a basis a very common case: during dangerous maneuvering of a vehicle, a pedestrian, trying to avoid a collision, fell. And if you fall, the situation can take a different turn - if the fall did not cause any damage or the damage is insignificant, then the situation will not be recognized as an accident. For example, if a pack of cigarettes was crushed when dropped, as a result they became unusable - the situation will not be recognized as an accident, but has signs of a traffic violation. If a pedestrian’s smartphone is broken, the situation can be classified as an accident due to the significant material damage.

   If a fall causes harm to health, then the situation can also be different - it all depends on the severity of the injury or other health consequences. Clarity here is brought by the Rules for recording road accidents, approved by PP No. 647 of June 29, 1995, and ODM 218.6.015–2015 adopted in accordance with them (approved by Rosavtodor Order No. 853-r of May 12, 2015). According to the ODM, in relation to an accident, a person is considered injured if he received bodily injuries that resulted in hospitalization for at least 1 day or a need for outpatient treatment (clause 2 of the Rules, clause 3.1.10 of the ODM). That is, for example, if a victim, as a result of a fall, has a bleeding abrasion that requires medical treatment, then the situation can be recognized as an accident. If the pedestrian received a minor injury during the fall, without visible consequences, then the situation will not be recognized as an accident.

   But in addition to direct injuries, a pedestrian can also receive other harm to health, sometimes much more serious. For example, a pregnant woman has a miscarriage due to fright - here even criminal liability and very serious financial liability are possible for a careless driver. Similar situations may occur with elderly people or children. For example, a child began to stutter due to fright. Or my grandmother had a heart attack from fright. Therefore, in your case, the situation may well be recognized as an accident if the consequences of the situation led to a recorded need to go to an outpatient clinic, where the victim was provided with really necessary assistance. Just “the blood pressure has risen, the head is spinning and the legs are weak” - this is not a diagnosis, but possible symptoms (some of which could be feigned). In such situations, doctors give their conclusions carefully, since later a trial is possible. Also, if immediately after the incident the pedestrian did not show any signs of illness and did not make any claims, then there will also be no liability for leaving the scene of an accident and the incident itself is unlikely to be recognized as an accident because even with real and serious damage to health some time after incident, it is very problematic to prove the vehicle’s involvement in it. Therefore, in general, a small fine may be imposed on you, but you are unlikely to bear responsibility for leaving an accident.

   All the best to you, Elena.

Vladimir

01.11.2018 | 23:11

Interesting, and accurately presented. Just what you need. Thanks to the author

Olga