Criminal-Legal and Procedural Issues of the Investigator’s Activity in the Investigation of Crimes Under Article 264 of the Criminal Code of the Russian Federation
( Pp. 171-177)
More about authors
Alexandrov Alexander Nikolaevich
Cand.Sci.(Law), Police Colonel, Associate Professor of the Department of Criminal Procedure, Belgorod, Russia
Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin
г.Белгород, Россия Limar Anna Sergeevna Cand.Sci.(Law), Police Major, Senior Lecturer of the Department of Criminal Law Disciplines, Belgorod, Russia
Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin
г.Белгород, Россия
Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin
г.Белгород, Россия Limar Anna Sergeevna Cand.Sci.(Law), Police Major, Senior Lecturer of the Department of Criminal Law Disciplines, Belgorod, Russia
Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I.D. Putilin
г.Белгород, Россия
Abstract:
Abstract: The article deals with the topical issues of theory and practice arising in the investigation of criminal cases initiated on the facts of traffic accidents (Article 264 of the Criminal Code of the Russian Federation), as a result of which several persons were injured, who suffered serious, and others moderate or light harm to health. On the example of the Belgorod region, it is analyzed the practice of the preliminary investigation bodies of bringing both criminal and administrative responsibilities for the same actions related to traffic violations caused a traffic accident and the onset of several different consequences. At the same time, it is being considered the separate criminal procedural aspects under the procedural status of victims of the crime who have suffered moderate or minor harm to health in the criminal case. The authors’ opinion is substantiated on the inadmissibility of maintaining law enforcement investigative practice, which allows bringing a person to responsibility twice for one act being one event, even with having of both consequences for which criminal and administrative responsibilities is provided. The authors also propose the specific actions to form an appropriate investigative practice ensuring the correct application of the norms of the criminal procedure law, as well as legislation providing for criminal and administrative responsibilities for the commission of traffic rules as a result of a single fact.
How to Cite:
Alexandrov A.N., Limar A.S. Criminal-Legal and Procedural Issues of the Investigator’s Activity in the Investigation of Crimes Under Article 264 of the Criminal Code of the Russian Federation // Gaps in Russian Legislation. 2023. Vol. 16. №6. Pp. 171-177. (in Russ.). EDN: WFRQPY
Reference list:
Ortikov E., Repkina I. Dependence of criminal prosecution on decisions of bodies in cases of administrative offenses. – Legality, 2009, № 8, pp. 27-28.
Burov V.M., Smorchkova A.E. Problems of interpretation and application of the principle “not twice for one crime” — “non bis in idem” // “Novaum”№ 14. URL: http://novaum.ru/public/p. 764 .
Tatyanina L.G. Explanations of the civil plaintiff as a type of evidence in civil and criminal proceedings / L.G. Tatyanina // Actual problems of civil law and process: Collection of materials of the International scientific and practical conference / D.H. Valeev, I.G. Gorbachev, D.N. Gorshunov, etc.; Edited by D.H. Valeev, M.Yu. Chelysheva. Issue 1. Moscow: Statute, 2006. 461 p. [Electronic resource] // SPS “ConsultantPlus”.
Bulatov B.B. Features of obtaining, evaluating and using the testimony of a person interrogated in a criminal case of an accomplice of a crime / B.B. Bulatov, V.S. Shadrin // Actual problems of Russian law. 2021. №2. pp. 102 – 113. [Electronic resource] // SPS “ConsultantPlus”.
Polstovalov O.V. Victims of crimes, who according to established practice, are not recognized as victims // All-Russian Criminological Journal. 2017. vol. 11, No. 4. pp. 805-816.
Polstovalov O.V. Postradavshie ot prestupleniy, kotorye po slozhivsheysya praktike ne priznayutsya poterpevshimi // Vserossiyskiy kriminologicheskiy zhurnal. 2017. T. 11, № 4. S. 805-816.
Burov V.M., Smorchkova A.E. Problems of interpretation and application of the principle “not twice for one crime” — “non bis in idem” // “Novaum”№ 14. URL: http://novaum.ru/public/p. 764 .
Tatyanina L.G. Explanations of the civil plaintiff as a type of evidence in civil and criminal proceedings / L.G. Tatyanina // Actual problems of civil law and process: Collection of materials of the International scientific and practical conference / D.H. Valeev, I.G. Gorbachev, D.N. Gorshunov, etc.; Edited by D.H. Valeev, M.Yu. Chelysheva. Issue 1. Moscow: Statute, 2006. 461 p. [Electronic resource] // SPS “ConsultantPlus”.
Bulatov B.B. Features of obtaining, evaluating and using the testimony of a person interrogated in a criminal case of an accomplice of a crime / B.B. Bulatov, V.S. Shadrin // Actual problems of Russian law. 2021. №2. pp. 102 – 113. [Electronic resource] // SPS “ConsultantPlus”.
Polstovalov O.V. Victims of crimes, who according to established practice, are not recognized as victims // All-Russian Criminological Journal. 2017. vol. 11, No. 4. pp. 805-816.
Polstovalov O.V. Postradavshie ot prestupleniy, kotorye po slozhivsheysya praktike ne priznayutsya poterpevshimi // Vserossiyskiy kriminologicheskiy zhurnal. 2017. T. 11, № 4. S. 805-816.
Keywords:
violation of traffic rules, crime, injury to health, criminal and administrative responsibilities, preliminary investigation bodies, investigator, law enforcement practice, procedural status, witness, civil plaintiff..
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