PRZESTĘPSTWA PROWADZENIA POJAZDÓW MECHANICZNYCH W STANIE NIETRZEŹWOŚCI LUB POD WPŁYWEM ŚRODKA ODURZAJĄCEGO (art. 178a § 1 i 4 k.k.)

2015 ◽  
Vol 5 (1) ◽  
pp. 41-53
Author(s):  
Arkadiusz Zaczek
Keyword(s):  
Criminal Code ◽  
Driving Under The Influence ◽  
Court Cases ◽  
Road Accidents ◽  
Eu Countries

In the last decade on Polish roads has been recorded every year, at least 70,000 drivingunder the influence. Such statistics put Poland ahead of EU countries with the highest numberof intoxicated drivers. There is also no doubt that the risk of road accidents is increasing alongwith the number of drivers with are drunk. Although there are numerous publications addressingissues of offences relating to driving under the influence, this publication containing the analysisof court cases with this range. This work also presents consideration for actually meted sanctionsand measures against people who committed offences relating to driving under the influence.Article consist an introduction, codex regulation of art. 178a § 1 and 4 of the Polish Criminal Code,statistical considerations and conclusion.

scholarly journals THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

scholarly journals L’alcool au volant, c’est criminel depuis 1921 !

Criminologie ◽  
2005 ◽  
Vol 22 (1) ◽  
pp. 9-26
Author(s):  
Pierre Landreville ◽  
Chantal Lavergne
Keyword(s):  
Statistical Data ◽  
Reliability And Validity ◽  
Drunk Driving ◽  
Criminal Code ◽  
Driving Under The Influence ◽  
Impaired Driving ◽  
Canadian Criminal Code ◽  
The Law

Bill C-51 passed by the Canadian Parliament in 1985 and the publicity surrounding this legislation led many people to believe that a new crime regarding impaired driving had been created. This Bill, however, was to simply increase the penalty for drunk driving in the case of a first conviction. In fact, the penal solution to the “problem” of drunk driving is not new; in 1921 the offence of impaired driving was first introduced into the Code. This article examines the evolution of the prohibition of driving under the influence of alcohol in the Canadian Criminal Code and the enforcement of this law in Canada, in Quebec and in Ontario from 1921 to 1973. The first part presents the evolution of legislation concerning impaired driving. It goes through six important phases and covers the period from 1921 to 1973. The second part presents the statistical data used in our study. We also consider the reliability and validity of the data used. In the last part, we analyze the implementation of the law on infractions relating to drunk driving in a state of drunkeness indictable offence and summary conviction offence driving under the influence of alcohol or a drug (indictable offence and summary conviction offence), and finally, refusal to furnish a sample of breath (summary conviction offence). In conclusion, we present several recommendations based on the results of our analysis.

scholarly journals The Speech Acts of Approval and Acquittal in the Forensic Linguistic Examination

2020 ◽  
pp. 17-21
Author(s):  
Igor Zharkov ◽  
Elizabeth Koltunova
Keyword(s):  
Speech Acts ◽  
Criminal Code ◽  
Federal State ◽  
Public Justification ◽  
Court Cases ◽  
Linguistic Research ◽  
Forensic Practice ◽  
Urgent Task ◽  
Expert Community

The article describes the approach proposed by the authors to the problem of distinguishing between the concepts of justification and approval in the context of forensic linguistic research. Currently, linguistics lacks a single, generally accepted classification of speech acts. At the same time, the conceptual apparatus and methods of the theory of speech acts are actively used in the field of judicial linguistic examination. Therefore, the urgent task for the expert community today is to unify the interpretation of those terms and the categories of the theory of speech acts that they designate that turned out to be the most popular in the examination. The concepts of justification and approval speech acts currently used in linguistic forensic practice have significant similarities; the distinction between these concepts, which, as practice shows, is not always a trivial task and may be crucial for litigation. The authors consider it necessary to take into account that the concept of public justification of terrorism in the form as defined in Note 1 to Article 205.2 of the Criminal Code, is correlated in terms of the theory of speech acts not with RA justification, but more with RA approval. The approach proposed in the article is justified by the authors based on (1) generally accepted lexicographic data, (2) methodological developments of the Federal State Budgetary Institution of the RFCE under the Ministry of Justice of Russia, which have been tested in real court cases and have received well-deserved recognition, and (3) an analysis of the definition to be applied by the legislator .

scholarly journals Criminal-legal meaning of driving under the influence in the acts stipulated by Article 286 of the Criminal Code of Ukraine

2020 ◽  
pp. 66-72
Author(s):  
V. Myslyvyi
Keyword(s):  
Criminal Code ◽  
Driving Under The Influence ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Operation Rules ◽  
Driving While Impaired ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Objective Side ◽  
Determining Factor

The article deals with issues of combatting criminal offenses related to violations of road safety and vehicle operation rules stipulated by Article 286 of the Criminal Code of Ukraine. The focus is on acts committed by persons who were in a state of alcohol, drugs or other intoxication. Based on research and analysis of current national judicial practice the author has revealed the presence of contradictions in court judgments of different instances where provided opposite criminal legal assessment consisting of a criminal offense under Article 286 of the CC of Ukraine, the following factors as driving while impaired by alcohol, drugs and other intoxication. The essence of such an assessment, as shown by a certain part of the verdicts, is that some courts do not consider the state of intoxication of a person driving a vehicle as a sign of the objective side of this criminal offense, and therefore do not see it as one of the reasons acts as a determining factor of these criminal offenses. The research paper contains a critical analysis of this approach in judicial practice and provides arguments for its unreasonableness, as driving under the influence as a cause of accidents in transport is considered to be universally recognized. However to avoid contradictions in judicial practice and to reach efficiency impact of criminal legaltools in combating the above mentioned criminal offense the author has proposed that Article 286 of the CC of Ukraine should stipulate an aggravating circumstances such as the commitment of a criminal offense by a person being in a state of intoxication

scholarly journals Alcohol Consumption Detection Using Smart Helmet System

2020 ◽  
pp. 167-173
Author(s):  
K. Maheswari ◽  
U. Madhumitha ◽  
S. Madhusurya ◽  
T. Divya
Keyword(s):  
Alcohol Consumption ◽  
Intelligent Transportation System ◽  
Driving Under The Influence ◽  
Smart Devices ◽  
Road Accidents ◽  
Bayesian Algorithm ◽  
Alcohol Content ◽  
Driving While Intoxicated ◽  
The Road ◽  
Blood Alcohol Content

Internet of Things (IoT) consists of smart devices which can sense the environment and performs the data interaction with the users by handling the large volume of data and also provide the numerous services to the users. It also plays the significant role in Intelligent Transportation System (ITS) using the Cognition ability. One of the primary causes for the road accidents is consumption of alcohol. Driving under the influence (DUI) or Driving While Intoxicated (DWI), and involves operating a vehicle with Blood Alcohol Content (BAC) level of at least 0.08 percent is considered as the punishable offense. In order to identify and prevent the driving with alcohol consumption, the ITS system can be designed with IoT based smart helmet system. The IoT system performs the data validation using the Bayesian Algorithm which significantly detects the alcohol consumption of the rider. And the system also provides the provision to control and ride the bike if and only if the rider does not consume the alcohol.

scholarly journals VICTIMOLOGICAL RISKS FOR ROAD USERS AS AN ELEMENT OF PUBLIC HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 2922-2927
Author(s):  
Vladyslava S. Batyrgareieva ◽  
Alina V. Kalinina ◽  
Kateryna O. Poltava
Keyword(s):  
Public Health ◽  
Traffic Safety ◽  
Road Safety ◽  
Drunk Driving ◽  
Criminal Code ◽  
Public Health Approach ◽  
Road Accidents ◽  
Criminal Proceedings ◽  
Road Users ◽  
Criminal Offenses

The aim: This article aims to analyze the statistics of road accidents victims in Ukraine in general and the level of criminal offenses’ against traffic safety and transport operation victims, in particular, to consider the main victimological risks for road users and provide them with a public health approach. Materials and methods: The theoretical basis of the article is specialized literature on law, economics, and sociology. The empirical basis of the research was the materials of generalization of more than 1,000 criminal proceedings under Art. 286 of the Criminal Code of Ukraine, the results of a survey of Ukrainian citizens on the state of road safety in Ukraine. Results: According to the results of an empirical study, in terms of role, pedestrians clearly predominate among the victims (59.6%), while every fourth victim is a passenger of a vehicle. Driver victims are only 14.6% of the total number. Victimological risk on the roads is the probability of becoming a victim and suffering damage to one’s life and health from criminal offenses against traffic safety and operation of transport. For each of the categories of victims there are both general and specific victimological risks. The causes of accidents can be grouped by the source of danger in the triangle “person – mechanism – road”. Conclusions: The most dangerous and widespread victimological risks for road users in Ukraine are speeding and maneuvering, drunk driving, parking violations, poor road infrastructure, physiological and psychological characteristics of road users, low professional skills of drivers, etc.

scholarly journals Alcohol and Road Accidents Involving Pedestrians as Unprotected Road Users

2020 ◽  
Vol 17 (23) ◽  
pp. 8995
Author(s):  
Dorota Lasota ◽  
Ahmed Al-Wathinani ◽  
Paweł Krajewski ◽  
Krzysztof Goniewicz ◽  
Witold Pawłowski
Keyword(s):  
Rural Areas ◽  
World Health ◽  
Medical Documentation ◽  
The European Union ◽  
Road Accidents ◽  
Excessive Alcohol Consumption ◽  
Significant Group ◽  
Eu Countries ◽  
Road Users ◽  
The Impact

According to the World Health Organization (WHO), more than half of all road fatalities involve vulnerable road users, i.e., pedestrians, cyclists, and motorcyclists. Poland is classified as one of the European Union (EU) countries marked by low road safety, with a higher frequency of accidents involving pedestrians compared to other EU countries (31% of all fatalities). Among unprotected road users, a significant group of victims are pedestrians, who are often under the influence of alcohol. This study aims to analyze the impact of alcohol on the risk of occurrence and consequences of road accidents among pedestrians. The source of data was the medical documentation of the Department of Forensic Medicine of the Medical University of Warsaw. In more than half of pedestrian deaths, the presence of alcohol was found; regardless of the place of the event and the place of death, among the victims under the influence of alcohol, males dominated; the average age of the victims under the influence of alcohol was significantly lower compared to the average age of sober victims, with younger victims being significantly more likely to die at the scene of the accident, especially in rural areas; significantly higher alcohol concentrations were found in males, in victims who died at the scene of the accident, and with victims of accidents in rural areas. Among pedestrian traffic accident fatalities, the most numerous group comprised young men under the influence of alcohol. In rural areas, a higher percentage of pedestrian victims died at the scene as a result of excessive alcohol consumption. These areas should be subject to intensive preventive measures to increase the safety of pedestrians as unprotected road users.

scholarly journals The essence of road safety in Poland. Recognition of theoretical and empirical

Securitologia ◽  
2016 ◽  
Vol 23 (1) ◽  
pp. 15-31
Author(s):  
Jarosław W. Przybytniowski ◽  
Wioletta M. Pacholarz
Keyword(s):  
Theoretical Analysis ◽  
21St Century ◽  
Road Safety ◽  
Road Traffic ◽  
Road Accidents ◽  
Prevention Measures ◽  
Financial Instrument ◽  
Eu Countries ◽  
Ongoing Development

This article consists of two parts. The first part is based on the theoretical analysis of the concept of safety and prevention measures in road traffic, described in the existing literature and statistics. Whereas the second part focuses on the analysis of vehicle insurance as a financial instrument of economic safety of road traffic participants. In the 21st century, one of very important problems, not only socially but also economically, referring to Poland and other EU countries is the ongoing development of motorisation and, consequently, the progress in transportation. Unfortunately, this development sometimes leads to the growing number of road accidents and their effects.

scholarly journals Veitrafikkulykker knyttet til forskrivning av legemidler:En registerbasert kohortstudie,

2009 ◽  
Vol 18 (2) ◽  
Author(s):  
Anders Engeland ◽  
Jørgen G. Bramness ◽  
Jørg Mørland ◽  
Svetlana Skurtveit
Keyword(s):  
Traffic Accidents ◽  
Road Traffic ◽  
Population Based ◽  
Driving Under The Influence ◽  
Road Accidents ◽  
Standardized Incidence Ratio ◽  
Calcium Receptor ◽  
Opium Alkaloids ◽  
Prescribed Medicines ◽  
Car Driving

Purpose: The aim of this study was to examine the risk of being involved in road traffic accidents as drivers among persons using prescribed medicines by utilizing data from population-based registries. The aim of the present paper was to focus on the methodology used in the study. Methods: All Norwegians aged 18-69 in April 2004 to September 2006 (3.1 million), were included in the study. Information on prescriptions, road accidents and emigrations/deaths was obtained from three different population-based registries. A total of 22,000 accidents were observed. The incidence of accidents in exposed and unexposed person-time was compared, by the standardized incidence ratio (SIR). Results: The risk of being involved in an accident was increased in persons exposed for prescribed medicines. The risk was markedly increased in persons exposed for natural opium alkaloids, benzodiazepine tranquillizers, benzodiazepine hypnotics and carisoprodol. A marginal increase or unchanged SIRs were found for NSAIDs, selective beta-2-adrenoreceptor agonists (anti-asthmatics), calcium receptor antagonists and penicillin. Conclusions: We have tested a method using different reference groups and different exposure periods to explore the association between drug use and involvement in traffic accidents. Using these methods, we have shown that exposure for prescribed opiates, benzodiazepines and carisoprodol increased the risk of being involved in an accident as driver. The findings confirm results from other studies. Further steps should be taken to reduce car driving under the influence of these drugs.

scholarly journals Prosecuting Procurement in the Russian Empire

2019 ◽  
Vol 54 (1) ◽  
pp. 185-209
Author(s):  
Siobhán Hearne
Keyword(s):  
Lower Class ◽  
Criminal Code ◽  
Russian Empire ◽  
Sex Industry ◽  
Court Cases ◽  
Commercial Sex ◽  
The Law ◽  
The Government ◽  
The Russian Empire ◽  
Full Force

Abstract Concern about the issue of forced prostitution reached its height in the Russian empire (as elsewhere in Europe and the Americas) at the turn of the twentieth century, as part of the wider international “white slave” panic. In 1909, new antiprocurement statutes were incorporated into the Russian empire’s Criminal Code to ensure that those who forced, coerced, or encouraged young women to enter the commercial sex industry felt the full force of the law. This article uses a case study of the Russian empire’s Estonian provinces (Estliand and Lifliand) to highlight the regional nature of Russian imperial experience. Prosecuting procurement was aligned with the priorities of local government, and the authorities in Revel’ (Tallinn) and Iu’rev (Tartu) used the issue of procurement to bolster their revenue. Here, the statutes gave the authorities additional tools for targeting individuals, such as managers of unlicensed brothels, who deprived the government of the income it generated from regulating the commercial sex industry. Drawing on court cases from the early 1910s, this article also examines the interaction of lower-class people with the state, their engagement with the legal system, their knowledge of the law, and the rhetorical strategies they employed to in their attempts to secure specific outcomes.

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