City administration
of Chelyabinsk
official site
Online desk

Switch to Russian version
and ask a question

You are here

Order of purpose of autotechnical expertizes on the facts of road accidents as a result of which injuries are caused to victims

Order of purpose of autotechnical expertizes on the facts of road accidents as a result of which injuries are caused to victims.

 

Road accidents are one of the major world threats to health and life of people.

During investigation on the facts of road accidents, autotechnical expertizes are appointed officials of law enforcement agencies, it is important to know an order and which necessary conditions of appointment to participants of incident and their representatives.

The purposes of autotechnical expertize are establishment of technical condition of vehicles, roads and their arrangement, road signs and marking, the road accident mechanism.

Competence of judicial autotechnical expertize includes the solution only of special technical questions connected with a road accident. Legal questions, for example, of degree of guilt of the participant of traffic, are not put before experts.

Can be objects of autotechnical expertize both a place of road accident, and vehicles.

Productivity of autotechnical expertize is defined by quality and completeness of the materials presented to the expert to which protocols of surveys of a place of road accident, phototables to survey, schemes (arrangements of signs and marking, a geodetic district map, and also data belong: about a condition of the carriageway, width and type of a paving, existence of sidewalks, roadsides, ditches, existence and size of defects of a paving and so forth; about technical condition and type of the vehicle, its load, road accident place coordinates, length of traces of wheels and their character; about the provision of vehicles relatively each other, about the contacting parts of vehicles; about weather conditions, visibility and visibilities are expensive from a driver's seat; about application by the driver of the emergency braking, about the distance and time passed by the vehicle after emergence of a hindrance including in the slowed-down state; about existence or lack of the designated crosswalk in a visibility range by the driver of a site of road accident, about the distance and time passed by the pedestrian across the carriageway to a place of arrival and about what part of the vehicle hit the pedestrian or the blow is struck to other vehicle; about actions of the pedestrian before road accident.

The specified data are provided by the person who appointed examination and also when they can be established (including poll of participants and eyewitnesses of road accident, during inspection of the scene, receiving video of road accident and so forth).

In this connection, participants and eyewitnesses of road accident in the presence of whom investigative actions (inspection of the scene, investigative experiment are carried out and so forth) need to watch carefully the course and fixing of data which will be further basic data at purpose of examination, and at any discrepancies – with own hand to bring remarks on the protocol of investigative action, and also the scheme to it, in detail specifying circumstances of development of road accident, a place of accident of running-down the pedestrian or collisions with the car.

In cases when the protocol of inspection of the scene and the scheme to it are made only according to one driver of the vehicle (for example when hospitalized other participants of road accident from a scene), and other participants or eyewitnesses of road accident do not agree with the made protocol - it is necessary at acquaintance with the specified documents a tax on them of the remark for which elimination additional inspection of the scene with participants and the established eyewitnesses of incident is performed.

For confirmation of the version on road accident development, participants need, whenever possible, to write down and give to law enforcement officers a contact information of eyewitnesses of incident, for establishment of the eyewitnesses who left a road accident place – to carry out sticking-up of announcements near a scene, and in the presence of incident video (from the digital video recorder, the video camera close to a road accident place) – to transfer her to law enforcement officers.

According to Art. 195 of the Code of criminal procedure of the Russian Federation, when carrying out procedural check as it should be st.st.144, 145 Codes, or investigations of criminal case about a crime for violation of the rules of traffic and operation of vehicles, having recognized necessary purpose of judicial examination, the investigator issues about it the decree in which are specified: bases of purpose of judicial examination; a surname, a name and a middle name of the expert or the name of expert establishment in which judicial examination has to be made; the questions raised before the expert; the materials made available to the expert.

Judicial examination is made by the state judicial experts and other experts from among the persons having special knowledge.

The investigator acquaints with the resolution on purpose of judicial examination of the suspect accused, his defender, the victim, his representative and explains them the rights provided by article 198 of the present Code.

Then the investigator sends to the head of the relevant expert institution the resolution on purpose of judicial examination and the materials necessary for its production.

The similar order of purpose of examination, when carrying out administrative investigation for commission of the offense provided by Art. 12.24 of the Code of the Russian Federation about administrative offenses (the violation of the rules of traffic or service regulations of the vehicle which entailed causing a lung or average weight of harm to health of the victim) is defined and in Art. 24.6 of the Code.

 

 

Prosecutor of Chelyabinsk

 

senior adviser of justice R. V. Samoylov