of December 9, 2008 No. 25
About court practice on cases on the crimes connected with road traffic offense and operation of vehicles and also with their illegal occupancy without the plunder purpose
Due to the questions arising at courts by hearing of cases about the crimes provided by Articles 264, 264.1, 266, and also article 166 Criminal Code of the Russian Federation, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides:
1. Draw the attention of courts that criminal liability for crime, the stipulated in Article 264 Criminal Code of the Russian Federation, can take place only on condition of approach of the effects specified in this Article and if these effects are in causal relationship with the road traffic offenses allowed by person or operation of vehicles.
2. Subject of the crimes provided by articles 264 and 264.1 Criminal Code of the Russian Federation is the person which reached 16-year age driving the car, tram or other motorized vehicle intended for transportation across roads of people, loads or the equipment installed on it (Item 1.2 of Traffic regulations of the Russian Federation, further - Rules). Not only the driver who passed examinations for the right of management of the specified type of the vehicle and received the corresponding certificate, but also any other person managing the vehicle including person from whom the specified document was withdrawn in the procedure established by the law for earlier allowed violation of Items of Rules, person who did not have or the deprived right of management of the corresponding type of the vehicle, and also person training to driving at the educational vehicle with double control is recognized to them.
Motorized vehicles in articles 264 and 264.1 Criminal Code of the Russian Federation are understood as cars, buses, trolleybuses, trams, motorcycles, kvadritsikla, mopeds, other vehicles, on management of which in accordance with the legislation of the Russian Federation about traffic safety the special right, and also tractors, self-propelled road-building and other self-propelled machines is granted.
Persons which were managing the vehicles which are not relating to the specified motorized vehicles (for example, bicycles), and allowed the violation of safety rules or operation of vehicles which entailed on imprudence causing severe harm to health or the death of the person in the presence to that the bases bear responsibility respectively in parts 1, 2 or 3 articles 268 Criminal Code of the Russian Federation.
3. By hearing of cases about crimes, the stipulated in Article 264 Criminal Code of the Russian Federation, courts should specify in sentence what violation specifically of Items of Traffic regulations or service regulations of the vehicle entailed approach of the effects specified in article 264 Criminal Code of the Russian Federation and in what this violation was specifically expressed.
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