The driver behind the wheel of a Lada Granta ran into a teenager crossing the street, breaking his arm. The traffic police fined the driver 1.5 thousand rubles. under Art. 12.18 of the Code of Administrative Offenses (failure to provide pedestrian advantage in traffic), and the Volsky District Court under Art. 12.24 (offence that caused minor or moderate damage to the victim’s health) deprived him of his rights for a year and a half.
The driver defended himself by pointing out that he should not be punished twice for the same offense, which is in violation of paragraph 5 of art. 4.1 of the Code of Administrative Violations and part 1 of art. 50 of the Constitution (no one can be convicted of the same crime again).
*This material was created by a person who has the status of a foreign agent in the Russian Federation.
But in October 2014, the State Duma made a clarification in the Code: the director is not relieved of liability in any case, but only when the decision is made under the same article or under the same part of the same article.
The courts have decided that in this case there are two different elements of the offense and that they can be applied simultaneously.
The motorist believes that the current standard significantly reduces the constitutional safeguards for compliance with the principle of double punishment for the same offence.
Lawyers say that there really is such a problem. And the Constitutional Court will deal with it, since the Supreme Court did not go in the direction of the motorist.
- “Driving” can be seen on YouTube.
Source: Commercial