FOR THE ASSISTANCE PROVIDED TO THE GUILTY DRIVER IN A TRAFFIC ACCIDENT
FOR THE ASSISTANCE PROVIDED TO THE GUILTY DRIVER IN A TRAFFIC ACCIDENT
What should be the behavior of the guilty driver, aimed at alleviating the condition of the victim and reducing his responsibility in the event of a road accident?
In order to apply the reduced liability under Art. 343a of the Criminal Code, it is necessary for the perpetrator to have done everything in his power to help the victim, who was still alive and needed such help.
Article 343 of the Criminal Code does not state that drunkenness does not apply only to drivers of motor vehicles. Since this text reflects the main elements in the composition of Article 342 of the Criminal Code, it is correct to assume that the drunken state also applies to the subject of the crime of transport, specified in para. 2 of Art. 342 of the Criminal Code, i.e. and to employees and transport workers when there is their operation or repair activity and an admitted violation of the rules of operation or a requirement for good repair quality.
In case of culpable causing of constitutive consequences, the drunken state of the perpetrator is sufficient to qualify the act as a crime under Art. 343, para. 2 NC. It is not required that there be a causal connection between the drunken state of the perpetrator and the violations of the rules of traffic or operation or of the requirements for good repair quality, i.e. that they are the result of the drunken state. Therefore, it is not necessary to prove such a causal relationship.
In the presence of a drunken state, violations of the traffic rules, if there are no compensatory consequences, a causal relationship between the violations of the traffic rules, consequences, that is, a child will be held ministerially criminally, not criminally responsible.
The perpetrator bears increased criminal responsibility when he is in a drunken state and he does not personally drive the motor vehicle, if he has ceded it to another person who is incapacitated or who has consumed alcohol and this person commits violations of the traffic rules causing compensatory consequences.
The main requirements for a mitigating circumstance to exist - providing assistance to the victim or victims in the sense of the law are defined as follows: The perpetrator must have done everything in his power to provide assistance to the victim or victims. Whether he has done everything that depends on him is assessed specifically in view of his capabilities / psychophysical, preparation, current state of health and others /, the environment in which he acted and the nature of the actions he performed alone or with the help of others.
Another requirement is that the aid was necessary, i.e. to be provided to a living person, regardless of the nature and degree of his injury, to be aimed subjectively and objectively at preserving the health or saving the life of the victim. If the victims are more than one person, the perpetrator must have provided assistance to all. Otherwise, the assistance provided cannot be considered as a mitigating circumstance. If one of the victims has died, then providing assistance to the others is also not a circumstance reducing responsibility, but only as a mitigating circumstance. . Therefore, it is essential that he did everything in his power to help those who are alive. However, when he had the opportunity, but did not provide help to all the victims, it should be assumed that he did not do everything that depended on him.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg