for Example, a resident of the Smolensk City was punished for leaving the scene of an accident. The case was considered without him, the lower court four months deprived of human rights.
If the driver was not given the chance to speak in court in his defense, it is a serious procedural violation. To punish in this case, it cannot
a Paradoxical situation: these days keep crashing with the notification of the person in the course of any legal proceedings, not just trials. On the one hand, we today have become mobile, often spelled out in one place, live in another, and sometimes spend the night in the third. On the other, thanks to the electronic technology really lose the person today is not so easy. Why, then, did not find it?
the courts Have clear algorithms that need to perform in order to inform the citizen. But sometimes these algorithms fail, as essentially obsolete. And sometimes courts do not even what can, and should, and eventually the person is punished without his knowledge. In this case, the notice of appearance at the hearing was directed to the citizen, to the place of registration.
asked to declare an Amnesty for drivers deprived of the rights
“This notice is returned by the magistrate for expiry”, – stated in the materials of the case. However, as drew the attention of the court of cassation, in opening the case, he indicated that does not reside at the place of registration, indicating the place of actual residence. That is, the court only had to read carefully the Protocol.
“In the place of actual residence stated in the Protocol on administrative violation, a notice to the person against whom the proceedings are going, – said the Second the court of appeals. – Thus, the proceedings held in the absence of the person in relation tootori is the proceedings of an administrative offense. Consequently, the magistrate has not established the necessary conditions to guarantee procedural rights brought to administrative responsibility of persons.”
According to the court of cassation, the violation was substantial. In fact people were deprived of the right to protection. Maybe he had something to say in response to claims. But since the driver was not given the chance to speak, punish him not for that. That’s the law.
In another case, deprived of the rights for a year and three months, resident of the capital A. also for leaving the scene of an accident. But here the court did not fulfill important formalities.
Russia proposed to declare Amnesty for disenfranchised drivers
“as a result of the study presents the case of the Second judge of the cassation court of General jurisdiction it is established that A. it announces the time and place of drawing up the Protocol on administrative offense by SMS message, sent to the mobile number specified in the bar of the house. In the case materials no evidence of consent A. the notification using SMS messages”, – told in the Second the court of cassation.
But in drawing up the Protocol A. didn’t come, it means that the notification didn’t work. For what reasons, we can only guess. For example, the phone broke. Or the person changed the number. As the necessary papers he signed, it’s not his problem, punishment is abolished, the rights returned.
I Must say that the percentage of the cessation of such cases are not very large. So, for leaving the scene of an accident in the first half of last year, according to the judicial Department, it was considered almost 37 thousand cases. And discontinued with the release of of administrative punishment only 2 thousand. As a rule, such cases are dismissed because of procedural violations committed during the process or directly in the courts. Judicial practice shows that quite often the Protocol specifies address of register or that of the offender. But few who establishes his actual place of residence. As a result the person is without the right to protect their own interests. And this is a serious procedural violation on the basis of which the case, usually terminated.
Much more reasons for the termination of Affairs is found in the so-called drunk driving articles. There is the main reasons for exemption are disorders of procedure the drunk driver. For example, the first inspector made the driver blow into the breathalyzer, and then began to issue a Protocol of suspension from driving. Or the procedure conducted without witnesses. Although these articles the percentage of termination cases is not so great. According to traffic police, from 260 thousand of cases referred to court, discontinued production of the 2100 cases.
Prepared by Vladimir Barshev