Lawyers consider the law on the introduction of criminal liability for drivers caught at significant speeding or illegally entering the oncoming lane as ill-conceived. According to the bill passed in the third reading by the State Duma, they will face up to 3 years in prison. A driver who was caught in various types of violations during the year, for example, first exceeded the speed by 60 km / h, then by 80 km / h, and the third time was caught for driving into the oncoming lane, can be brought to criminal responsibility.
A note to the new article says that it does not apply to cases when a violation is recorded by automatic complexes. That is, the inspector must identify the speeding or driving into the oncoming lane, after which he will establish the identity of the offender and draw up all procedural documents.
However, in a commentary for the Network of City Portals, auto lawyer Lev Voropaev noted that this rule applies only to the last (that is, the third) violation, which already implies criminal liability, while the first two can be detected automatically.
Anton Shaparin, a member of the public council at the Moscow MIA General Administration, vice-president of the National Automobile Union, noted that corruption in the ranks of the traffic police has not been canceled, and the Stavropol golden toilet bowl of one of the leaders of the local traffic police directly reminds of this.
Vice-Chairman of the Committee for the Protection of Motorists’ Rights Alexander Kholodov said that he was shocked by the innovation and considered such initiatives to be legislative absurdity. “For some reason, we have a fashion to translate the administrative code into a criminal code, which is unjustified from the point of view of the spirit of the law. And when I, as a lawyer, read this, I always shudder: there was an administrative offense, and suddenly, with a slight movement of the hand, it turns into a criminal offense. What for? If they wanted to introduce a large fine, it was possible to change several lines in the Code of Administrative Offenses, but otherwise the Criminal Code is a separate story, it has its own procedural norms, and it is not clear why they should be mixed, “Kholodov said.
Alexander Kholodov also draws attention to the corruption capacity of this law: “It’s good if they are guided by street racers, and these are wealthy people, how much will they offer the inspector to avoid criminal punishment, which threatens with a fine of up to 300-500 thousand rubles?”
Auto lawyer Dmitry Larionov believes that in general there will be no squall of landings, but, in his opinion, the situation of false punishments cannot be ruled out: “For example, when fixing the speed with radars, you can measure another car, and in the case of driving into the oncoming lane, it is enough the words of the inspector that he saw it. So, although for certain categories the tightening seems to be overdue, the initiative does not seem to be well thought out.
Source: Rosbalt
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