On Causal Relationship in Crimes under Art. 264 of the Criminal Code of the Russian Federation

Abstract

The specifics of the causal relationship between road accidents and the resulting negative consequences (serious harm to health, death of a person) have long remained debatable. Doctrinal approaches to the disclosure of causality in transport crimes seem in some cases too theorized or appear to be fragmentary special cases that are not part of a certain system. This situation is due to objective reasons, a variety of types of transport accidents associated with violation of traffic rules. Violations of security requirements by several persons are of increased interest. The law enforcement officer needs clear and applicable rules for assessing the causality of an accident. The analysis of law enforcement practice made it possible to assess the behavior of road users from the moment the danger occurred until the onset of an emergency, to determine the objective and subjective parameters of traffic that are causally related to the consequences that entail the onset of liability under Art. 264 of the Criminal Code of the Russian Federation. When classifying the act in accordance with this regulatory provision, the analysis shall include not only the actions of the subjects who created a danger to traffic, but also those who have ignored the legal obligation to prevent the occurrence of negative consequences.