The Constitutional Court prohibited punishment for one offense under two articles
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One of the fundamental principles of legal responsibility was violated
The Constitutional Court of Russia decided to eliminate the contradiction in the Code of Administrative Offenses of the Russian Federation, which allows for the same act to be tried twice. The case of a collision with a pedestrian, as a result of which this decision was made, is described in a review of court practice over the past year.
The accident that caused the trial occurred in Volsk, Saratov region. A driver hit a minor at an unregulated pedestrian crossing. A report was drawn up against him for not giving way to a pedestrian, and a fine of 1.5 thousand rubles was imposed. (the maximum fine under this article is 2.5 thousand rubles).
Subsequently, when it was established that as a result of the collision the victim’s health was caused to moderate harm, another case was opened against the driver. For causing harm to health, liability is more serious – a fine of 2.5 to 5 thousand rubles. or deprivation of rights for a period of one to one and a half years. As a result of consideration of the second case, the offender was banned from driving for a year and a half.
During the proceedings, the driver asked to cancel it, since, in his opinion, he had already answered before the law for the hit-and-run. The Code of Administrative Offenses lists all the situations in which proceedings for an administrative offense can be canceled, and there is no case like what happened in Volsk. But the courts of the first, appellate and cassation instances were adamant, and their decision was supported by the Supreme Court.
And the Constitutional Court pointed out that in the case described, one of the fundamental principles of legal responsibility was violated – the inadmissibility of repeated convictions for the same thing. And such principles inherently relate to the foundations of the constitutional legal order.
The court decisions were overturned, the case was reviewed by the court of first instance, but not in the way the offender had hoped: he was removed from responsibility for failing to give way, but was charged with causing moderate harm to health. From now on, until legislators eliminate the contradiction in the Code of Administrative Offenses, all cases will have to be considered this way.
Newspaper headline:
It is forbidden to punish twice for one accident
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