Road accidents with injured persons: liability under Article 286 of the Criminal Code and how to build a defence

Key points

• A road accident enters the sphere of criminal liability under Article 286 of the Criminal Code if a breach of traffic rules caused the victim at least a bodily injury of medium severity.
• Under part 1 of Article 286 (medium severity injury) the punishment ranges from a fine to restriction of liberty for up to three years, with deprivation of the right to drive for up to three years.
• Part 2 (death of the victim or grievous bodily harm) provides for three to eight years imprisonment; part 3 (death of several persons) for five to ten years.
• The degree of severity of injuries is established by forensic medical examination, and the classification depends directly on it.
• Where grounds exist, the law allows reconciliation with the victim, which may affect the further course of the case.

A road accident with injured persons is a situation in which a driver can turn from a road user into a suspect in criminal proceedings. A great deal depends on acting correctly in the first days. Attorney Vitalii Petryk, who has handled criminal and traffic cases in Kyiv since 2011, explains when an accident becomes a criminal case, what liability Article 286 provides for and how a defence is built.

When does a road accident become a criminal case?

Not every accident entails criminal liability. If the victim suffered a light bodily injury, liability is generally administrative. A case becomes criminal where a breach of road safety or vehicle operation rules caused the victim a bodily injury of medium severity or grievous bodily harm, or death. These are the consequences covered by Article 286 of the Criminal Code.

The causal link between the breach of the rules and the consequences is decisive. If there is no such link, or the breach was committed by another road user, classification under Article 286 may be unfounded, and this is one of the directions of the defence work.

What liability does Article 286 provide for?

Article 286 is divided into three parts depending on the gravity of the consequences.

Part 1 concerns a breach causing the victim a bodily injury of medium severity. It is punishable by a fine of three thousand to five thousand tax-free minimum incomes, or corrective labour for up to two years, or arrest for up to six months, or restriction of liberty for up to three years, with deprivation of the right to drive vehicles for up to three years.

Part 2 applies where the same acts caused the death of the victim or grievous bodily harm. It is punishable by three to eight years imprisonment with or without deprivation of the right to drive for up to three years.

Part 3 concerns cases where the breach caused the death of several persons. It is punishable by five to ten years imprisonment with deprivation of the right to drive for up to three years.

Who determines the severity of bodily injuries?

Since the gravity of the consequences determines the classification and therefore the severity of the punishment, it is established by forensic medical examination under established rules. The difference between light, medium and grievous injury is the difference between administrative and criminal liability, and within Article 286 the difference between its parts.

The defence therefore pays particular attention to the expert opinion: its reasoning, the completeness of the input data and compliance with the methodology. Where doubts exist, an additional or repeat examination may be sought.

Driving under the influence as a separate ground

Driving a vehicle while intoxicated by alcohol, drugs or other substances has been placed by the legislator in a separate Article 286-1 and entails independent criminal liability. Intoxication substantially affects the classification and the assessment of the driver conduct, so this factor is examined especially carefully in accident cases. The exact classification depends on the circumstances and should be assessed together with a lawyer.

What should a driver do immediately after an accident with injured persons?

First of all comply with the duties under the Road Traffic Rules: stop, switch on the hazard lights, call an ambulance and the police, assist the injured where possible and do not leave the scene. Leaving the scene of an accident is a separate and serious breach, covered in a separate article.

Next, do not give hasty explanations about fault before consulting a lawyer, record the scene and the witnesses, insist that your comments are entered in the documents and involve a defence lawyer as soon as possible. An admission of guilt made at the scene under stress is difficult to rebut later.

Is reconciliation with the victim possible?

Under certain conditions the Criminal Code allows release from criminal liability in connection with reconciliation between the offender and the victim (Article 46) and in connection with active repentance. Whether this possibility exists in a particular case depends on the gravity of the act, compensation of the damage and other circumstances. This is one of the possible directions of the defence work, but no outcome can be guaranteed in advance.

How does a lawyer build a defence in Article 286 cases?

The defence lawyer verifies the causal link between the breach and the consequences, analyses the accident scheme, the conduct of all participants, the conclusions of the vehicle technical and forensic medical examinations and the lawfulness of the evidence gathered. Where grounds exist the lawyer initiates repeat examinations, works on reclassification and on issues of compensation and reconciliation. Early involvement helps to avoid mistakes at the stage when the materials are being drawn up.

Frequently asked questions

Is an accident with injuries always a criminal case? No. If the injuries are light, liability is generally administrative. The case becomes criminal in the event of medium severity or grievous injuries or the death of the victim.

What determines which part of Article 286 applies? The gravity of the consequences: medium severity injury, grievous injury or death, death of several persons. Gravity is established by forensic medical examination.

Can imprisonment be avoided? The punishment is determined by the court within the sanction of the article in light of the circumstances. Under part 1 other types of punishment are possible, and where grounds exist the law allows reconciliation or mitigation. A particular outcome cannot be guaranteed in advance.

Will my driving licence be taken away? Article 286 provides for deprivation of the right to drive as a punishment. The term and whether it is applied at all depend on the part of the article and the court decision.

When should a lawyer be involved? As early as possible, preferably before giving explanations, because the circumstances recorded when the accident is documented determine the later classification.

Read also

• Leaving the scene of an accident: consequences and what to do
• Police detention: your rights and first steps
• Notice of suspicion: what it is and what to do next
• Legal services

Need defence? Contact an attorney

Attorney Vitalii Petryk, Kyiv. Defence in road accident cases and criminal proceedings under Article 286 of the Criminal Code.

Phone: +38 (096) 878-07-36
Email: info@advokat-petrik.com
Address: Kyiv, Holosiivskyi Avenue 132, RELE Business Centre

Disclaimer

This material is informational and is not legal advice or a guarantee of any particular result. Every situation is individual and the application of the rules depends on the specific circumstances. For an assessment of your case, seek personal advice from an attorney. The author observes the Rules of Advocates Ethics and the Law of Ukraine on the Bar and Advocacy.