The structure and content of the traffic crimes

Pinchuk Levon Viktorovich ORCID: 0009-0002-1732-5146 PhD in Law Associate Professor, Department of Judicial Proceedings and Law Enforcement Activity, Ryazan State University named after S.A. Esenin 46 Svobody str., Ryazan, Ryazan region, 390000, Russia l.pinchuk@365.rsu.edu.ru Other publications by this author

The investigation of traffic crimes (hereinafter referred to as accidents) is a very specific and time-consuming process, which is primarily related to how these crimes are committed, in what environment the criminal act itself takes place, what traces remain at the scene. A large number of features of the production of investigative and procedural actions in this category of criminal cases are due to the need to obtain a wide variety of information to establish all the circumstances to be proved in accordance with Article 73 of the Code of Criminal Procedure of the Russian Federation.

Turning to the official indicators of the state of road safety in Russia, we see that in 2022, 14,172 people died as a result of road accidents (- 4.7% compared to the same period last year (hereinafter - APPG)) and 159,635 people were injured (– 4.9% APPG) ^[1]. Despite the existing positive trend in 2022, the situation has changed dramatically in the six months of 2023, the positive trend has changed to a negative one: 5,908 people died as a result of road accidents (+ 2.9% of the APPG) and 71,046 people were injured (+ 3.6% of the APPG) ^[2]. With regard to crime rates in Russia, a similar picture can also be observed, if in 2022 out of 126,705 (- 5.0% APPG) ^[1] 17,595 committed traffic offenses (- 3.4% of the APPG) ^{[3, p. 8]} are qualified as a criminal violation of traffic rules and vehicle operation (13.89% is the ratio of the number of registered traffic offenses to registered traffic offenses), then in the six months of 2023 out of 56,288 (+ 3.9 % APPG) ^[2] 8,719 committed traffic offenses (+ 0.9% APPG) ^{[4, p. 8]} are qualified as criminal violations of traffic rules and vehicle operation (15.49% is the ratio of the number of registered traffic offenses to registered traffic offenses).

In such a situation, the importance of methodological and forensic recommendations increases many times for the investigator, defender and public prosecutor, since each of them should have a clear understanding of the possibilities of searching, researching and recording criminally significant information about the crime committed and forming an evidence base for the criminal case under investigation to solve their professional tasks. The criminalistic characteristic of an accident acts as such an information basis, which contains criminalistically significant signs of these crimes, as well as reflects the natural relationships between these signs.

The most significant component of the forensic characteristics of road accidents is their mechanism, which allows the law enforcement officer to solve various diagnostic tasks in order to identify and evaluate the actions of all road users. Information about the mechanism of an accident helps at the initial stage of the investigation to find out which objects interacted with each other during the commission of criminal acts, to form versions about the condition and properties of these objects carried out contact interaction.

In the forensic literature, the mechanism of an accident has become the subject of consideration by such authors as: Granovsky G. L., Dudnichenko A. N., Latypova K. S., Popov E. A., Tarasova V. I., Frolov V. V., Chikh N. V., etc.

Popov E. A. identifies in the mechanism of an accident: 1) a system of temporary connections of individual stages, circumstances and factors; 2) a system of dynamic connections of individual stages, circumstances and factors; 3) a system of other connections of individual stages, circumstances and factors. The author does not designate or list the constituent elements included in these systems, but only indicates that all of them somehow affect the "traces-consequences on interacting objects" ^{[5, p. 35]}. However, for the law enforcement officer, it is necessary to provide clear information regarding what the mechanism of an accident includes, as well as within what stages and which objects interact with each other.

From the point of view of Granovsky G. L., the mechanism of an accident can be represented as "a complex of circumstances related by objective laws that determine the process of approaching a vehicle with an obstacle before impact, its interaction with an obstacle during impact and the subsequent movement of the vehicle and other objects thrown by the impact to a stop" ^{[6, p. 35]}. Here we see that the author identifies three main elements of the accident mechanism, as well as three stages within which the accident mechanism takes place: 1) a vehicle; 2) an obstacle; 3) a set of circumstances related by objective laws. The stages of the accident mechanism are: 1) the convergence of the above objects with each other before impact; 2) the interaction of the above objects with each other when striking; 3) the subsequent movement of the vehicle and other objects thrown by the impact to a stop. If there is already a more detailed definition of the mechanism of an accident, it should still be pointed out that there is completely no information about the subject composition of interacting objects.

According to Dudnichenko A. N., the components of the accident mechanism are: 1) an emergency situation; 2) the process of its formation and development. At the same time, the author indicates that the second element of the accident mechanism is characterized by the presence of stages, as well as a causal relationship with violations of the Traffic Rules of the Russian Federation (hereinafter – traffic rules). The final stage of the process is a traffic accident ^{[7, p. 33]}. In this case, there is no indication of which objects and subjects participate and interact in these two elements of the accident mechanism. In our opinion, the position that the final stage is the traffic accident itself is truncated, since after direct contact interaction of objects, they then move over quite considerable distances, and can also leave additional traces on objects of the surrounding environment. If such information is not taken into account during the investigation, this may distort the real picture of the accident mechanism, when traces of the original and post-accident origin will be confused or not taken into account by the investigator.

In the opinion of V. I. Tarasova, the following stages should be distinguished in the mechanism of an accident: 1) dangerous situation; 2) emergency situation; 3) traumatic contact; 4) final ^{[8, pp. 56-57]}. Of course, these stages carry a fairly large information component about the accident that occurred, but the initial traffic situation is also important for the subsequent assessment of the driver's actions and all his interactions with the environment. We consider it more correct to single out exactly three stages, as V. V. Frolov does ^{[9, pp. 7-8]}.

N. V. Chikh offers the most extended author's definition, since they include among the main elements of the accident mechanism: 1) the behavior of the driver of the vehicle; 2) a specific road situation; 3) a dangerous road situation; 4) an emergency road situation; 5) a criminal result; 6) subsequent actions of the driver of the vehicle aimed at concealing what he did; 7) a dynamic system of interrelation of the above objects with each other ^{[10, p. 11]}. If you look at each of the above points, then all of them together can really give a fairly informative picture of the accident that occurred, since they will allow you to outline the necessary versions, plan an investigation into the case and as a result get real information about the accident itself.

So, the first element of the mechanism is actually very important, since it is the guilty actions of the driver of the vehicle, expressed in his behavior, that will be one of the main circumstances to be proved. In each court verdict, we see just an assessment of the behavior and guilty actions of the driver, therefore, during the investigation, the investigator should be focused on establishing this element of the accident mechanism.

The second element should also be established during the investigation – knowledge about it will allow you to establish a whole set of data that developed at a certain point in time before the accident occurred and are purely specific to it. The actions of the driver are evaluated, among other things, for compliance with the specific road situation: was the speed chosen correctly by the driver? was the lane chosen correctly by the driver? etc.

The third element of the accident mechanism is again very important, since it must establish such circumstances that will indicate those actions of the driver that are inadequate to the road situation, creating a dangerous situation. It also assumes the establishment of circumstances that provide for the driver's obligation to start taking actions, in accordance with traffic regulations, aimed at preventing this accident. As part of the establishment of this element, it should be found out to what extent the driver was able to predict the upcoming emergency road situation and took, or no adequate action was taken on his part.

The fourth highlighted element of the accident mechanism indicates the conditions and circumstances in which the driver found himself or he put himself in them and which it is no longer possible to prevent by technical means. This element clearly indicates how irreversible processes developed, which inevitably led to the fifth element of the mechanism.

The fifth element of the accident mechanism indicates the most harmful consequences of the driver's actions, which had an impact on the life and health of other road users and are in direct causal relationship with the very fact of the accident. The establishment of this element is necessary for the correct qualification of the deed and the determination of patterns associated with violation of specific traffic regulations.

The sixth element of the accident mechanism should be considered optional, since it is quite rare for a driver to take actions aimed at concealing what he has done when committing an accident. This, of course, takes place, but is mostly due to the driver leaving the scene of an accident in violation of traffic regulations and the appropriate qualification of such a method of concealing a crime.

The seventh element indicates that in the mechanism of an accident, all of the above-mentioned components are in a dynamic relationship with each other, which was indicated by us when disclosing each of these elements. This element just indicates the specifics of the accident, having understood and learned which it is possible to establish all the circumstances of the incident during the investigation.

Based on all the above-mentioned proposals of the authors regarding the mechanism of an accident, it can be concluded that its main elements are: 1) the driver; 2) the vehicle; 3) various types of traffic situations – from the initial to the culmination.

By highlighting the first element of the accident mechanism - the "driver", we get the opportunity to obtain information about his actions in relation to, or in connection with other elements. With regard to the knowledge of the characteristics of this element, it is necessary to establish whether he has the right to drive a vehicle of the appropriate category or subcategory. If the right to drive is present, then it should be found out whether the driver has been deprived of this right. In accordance with the amendments to the Criminal Code of the Russian Federation dated July 14, 2022, the definition of one of these circumstances will affect the qualification of an accident, in accordance with the provisions of Part two, part four and part six of Article 264 of the Criminal Code.

Evaluating the actions of the first element, we should also be focused on establishing its relationship to the second element – whether the driver is the owner of the car, or there were no legal grounds giving him the right to drive a vehicle, or the driver is an employee, and the vehicle belongs to a legal entity. Such information is necessary to establish who exactly, based on functional responsibilities, should have been responsible for the proper technical condition and operation of the vehicle in full compliance with traffic regulations.

In relation to this element, law enforcement officers must reliably establish his physical condition at the time of the accident, which in some cases will also affect his qualifications, in accordance with the provisions of Part two, part four and part six of Article 264 of the Criminal Code of the Russian Federation. It is necessary to find out whether the driver has a state of alcoholic, narcotic or other intoxication, is under the influence of medications, in a painful or tired state.

The second element of the accident mechanism is represented by a certain technical system, the operator of which is the driver. It is the driver who directs the vehicle, changes the modes of its movement, but the technical condition of the vehicle can also cause an accident. A rather complex technical component of any vehicle implies the need to ensure the coordinated operation of all units and devices, since any failure in this system can lead to a change or loss of a certain operational property (controllability, dynamism, etc.).

Based on this, the vehicle cannot be fully controlled by a person and is therefore recognized as a source of increased danger. When analyzing this element, various technical indicators and the technical condition of the vehicle are important for various types of road situations within the framework of the third element of the accident mechanism. The study of the technical condition of vehicle parts and assemblies will require the use of special knowledge in the course of conducting automotive forensic examinations.

If it is subsequently established that it was the technical condition of the vehicle that caused the accident, then the law enforcement officer must determine who is responsible for this fact: 1) the driver, who is obliged to ensure the technical serviceability of the vehicle before departure and on the way (Article 264 of the Criminal Code of the Russian Federation); 2) employees of the service station who performed repair work or performed maintenance of the vehicle with violations of the technological process (Article 266 of the Criminal Code of the Russian Federation); 3) officials of the manufacturer, if the unsatisfactory technical condition of the vehicle was due to the poor-quality manufacture of its individual parts, assemblies or mechanisms and caused the death of people or other serious consequences (Article 238 of the Criminal Code of the Russian Federation).

The third element of the accident mechanism, in our opinion, includes information not only about various types of road situations depicting and characterizing the dynamics of the entire accident process, but also their components, such as: 1) road conditions; 2) the environment.

Road conditions are always an essential factor in any of the traffic situations, since it is in accordance with them that the driver is obliged to control and set certain parameters for the movement of the vehicle. So, the presence of an ascent or descent, defects in the road surface on a certain section of the roadway should have a response from the driver. The road surface and its condition also have a significant impact on the speed characteristics of the vehicle. Here, during the investigation, the law enforcement officer needs to assess how much the speed of movement corresponded to road conditions.

However, the cause of an accident may also be poor-quality repair of communication routes as a result of which road conditions no longer comply with norms and standards. In this case, it is necessary to identify the persons responsible for the construction or repair of communication routes (Article 266 of the Criminal Code of the Russian Federation).

The environment is also a significant factor in any of the traffic situations that affects road safety, since it is where the vehicle is moving. The environment in relation to the driver of a particular vehicle, in turn, consists of a number of circumstances that create conditions or create any obstacles to his movement. The complex of such circumstances, which change literally every second, will be presented in the current traffic situation and have the most active impact on road safety.

Weather conditions significantly change the driver's environment, which can significantly limit the visibility of the roadway, as well as worsen road conditions. Changes in the intensity of vehicle traffic, as well as in the intensity of movement of pedestrians and cyclists, have an impact on the current road situation. Therefore, assessing the driver's attentiveness and his adequate response to any change in the environment is also one of the tasks of the investigation.

Thus, we consider it possible to conclude that the mechanism of an accident is a system of dynamic and temporal relationships, the main elements of which are: 1) driver; 2) vehicle; 3) various types of traffic situations, including information about road conditions and the surrounding environment in each form – from the initial to the culmination.

Each element in the mechanism of an accident is in constant interaction with each other and has a significant impact on criminal outcomes and consequences. Only by identifying each element and knowing its interrelationships can the real picture of the accident be established. Therefore, law enforcement officers should be focused on establishing an accident mechanism that will allow them to put forward forensic versions of the accident event in a timely manner, to make targeted planning of criminal investigations.