How to cope with the death of a loved one?

How to survive death loved one?
A person has died or died after a long illness - almost always for us this is in some sense sudden death. This is a crisis.
But a crisis is not a disaster. It is suffering that we must go through in order to grow.
A husband, a father has died, a wife or mother has died, a girlfriend has died, a son has died, a child has died - none of these situations should cause depression or illness. Our loved one, who has passed away, wishes us to maintain courage and strength. And only by preserving ourselves will we be able to help the deceased.

Rakhimova Irina Anatolyevna, psychologist.

When a person experiences the death of a loved one, it is natural that he suffers. Suffering for many reasons. This is also grief for that person, beloved, close, dear, with whom he parted. It happens that self-pity strangles someone who has lost support in a person who has died or passed away. This may be a feeling of guilt due to the fact that a person cannot give him what he would like to give or owes, because he did not consider it necessary to do good and love in his time. Problems arise when we do not let go of a person...

Archimandrite Augustine (Pidanov).

Many people who are grieving are familiar with the desire to contact the soul of a deceased loved one; some expect this communication in a dream. About the nature of prophetic dreams, about whether it is worth crossing the border the afterlife, and what you need to know about this, as well as about many other things, is reflected by the rector of the Patriarchal Compound, the Church of the Resurrection of Christ on Semenovskaya, Archimandrite Augustine (Pidanov)

Archpriest Igor Gagarin.

There is a commandment: “Thou shalt not make for yourself an idol.” An idol for a person is any value if it is placed higher than God. And these values ​​can be anything - husband, child, work. That is, if a person has a hierarchy of values, God should stand above all else, and then everything else. And then you can survive death. Then you will not lose anyone, because in God everything is preserved. All our relatives and friends, they are lost to an unbeliever, they lie in the grave and that’s it. And for the believer, they are with God.

Often, after the death of a loved one, people almost cease to be interested in everyday events, mentally immerse themselves in the past and live only with memories. We present to your attention new conversation crisis psychologist Mikhail Khasminsky at the most important topic about what to do so as not to drown in the pit of grief and stop living in the past. It is difficult to overestimate the importance and relevance of this material

Gnezdilov Andrey Vladimirovich, Doctor of Medical Sciences.

The death of a loved one always comes suddenly, even if you expect it and prepare for it. Grief is too wide to go around, too high to jump over, and too deep to crawl under; You can only go through grief, he says folk wisdom. But how to do that? What do you need to know to deal with it?

Furaeva Svetlana Sergeevna, psychologist.

Shefov Sergey Alexandrovich, psychologist.

Experiencing the death of a loved one is one of the most severe tests encountered in a person’s life. The realization that a person has died and cannot be brought back to life causes a reaction of grief. When providing psychological assistance Bereaved people are helped by knowledge of the patterns of grief. On the one hand, grief is a deeply individual, complex process. On the other hand, there are relatively universal stages that it goes through in its course.

Furaeva Svetlana Sergeevna, psychologist.

If you have turned to this article, it means that you or your loved ones have experienced a misfortune in the family - the death of a loved one. If your child, spouse, parent, relative, girlfriend or friend has died, this is always a great grief. The death of a loved one is always a sudden death, even if the person has been seriously ill for a long time. It is impossible to prepare yourself psychologically for this event. Our mind asks questions: “What’s next?”, “How will I live without him (her)?” In this article I will try to tell you about problems that, when solved, will help you answer similar questions.

Khasminsky Mikhail Igorevich, crisis psychologist.

During difficult periods of life, almost all people suffer from an invasion of obsessive thoughts. These terrible, nasty, sticky thoughts cling with particular force to a person who is experiencing the death of a loved one. So what are they?

Baranchikov Alexander Vladimirovich, psychotherapist.

Interview with a psychotherapist about medicines, which will support a person in grief and help him survive the death of a loved one. And also about the dangers of inept self-medication.

Khasminsky Mikhail Igorevich, crisis psychologist.

Those who do not believe in One God and eternal life As a rule, grief is experienced very difficult. Truly believing people experience grief much easier.

From the book "The Morning After Loss" by Bob Dates.

When a person has died, grief is the nuclear energy of our emotions. If you understand it, curb it and direct it, it will become a creative force and help you survive death. But if grief gets out of control, if it is distorted and not understood, it can become a destructive force. This is why it is so important to recognize when grief is a healthy process and when it is a distorted one. If you have a cold and are sneezing, you know how to take care of yourself, you don't need a doctor. But if you have caught a cold and developed pneumonia, it is foolish to refuse the help of a professional. The same is true for grief.

Bishop Hermogenes (Dobronravin).

Let's consider the reasons that make us shed tears over the ashes of loved ones, and God will help us find this source for ourselves. So, what do we cry about when we are separated from someone dear to our hearts?

This also happens... And not so rarely. Just yesterday the hives were full of bees; the daily supply of nectar to the hive was up to 10 kg. And today there are piles of dead bees near the entrances and dead brood in the hive. This is a clear sign of bee poisoning with pesticides. Obviously, somewhere nearby within the summer radius, bees were carrying out work to protect plants from pests, diseases and weeds. And at the same time they did not comply with the rules for handling toxic substances.

In what cases does bee poisoning occur with pesticides?

A similar misfortune in an apiary is possible if beekeepers are not promptly informed about the time, place and nature of the work; in case of violation of the rules for the use of poisons; if spraying is carried out using aviation at a wind speed of more than 3 m/sec. Mass death of bees may be a consequence of untimely transportation of them to a safe place, or insufficient knowledge of beekeepers about the dangers of pesticides. Cultivated fields in which honey weeds are blooming at this time pose a danger to bees.

How to prevent the death of bees?

Beekeepers must know in advance the location, range of application and nature of chemicals. To do this, you should maintain constant contact with the agronomists of the plant protection service (local beekeeping societies will help you with this). The Plant Protection Service, in turn, is obliged to notify through the media about mass treatments of agricultural crops.

Having received the information, beekeepers must take care of the safety of bee colonies: remove the hives within 3-5 days, limit the flight of bees from them. On the eve of chemical treatments, bees must be taken to a safe place at a distance of at least 5-7 km from the dangerous area. They can be returned on the 12-14th day from the date of completion of processing.

If it is not possible to remove the bees

Then you need to isolate them in the hive. In this case, one day before applying pesticides, insulating pillows and canvases are removed from the nests, expanded with empty frames, magazine extensions, and covered with nomadic nets and roofs. A few hours before treatment, the entrances are closed and the flying boards are removed so that pesticides do not get on them. The bees are given a lot of water, pouring it into the honeycombs or moistening the canvases (bees use up to 1.5 liters of water per day). If the bees need to be isolated for more than a day, the entrances are opened at night, and early in the morning, before the bees fly, they are carefully closed.

The beekeeper detects signs of poisoning immediately

Families are suddenly weakened. The bees become inactive, break away from the honeycombs, crawl along the landing board, at the bottom and near the hive. Strong bee families suffer the most, since the bees of these families worked more actively on flowers, visited remote areas of honey collection and therefore had the greatest contact with poisons.

The main sign of poisoning is mass death flying bees. Intra-hive bees and open brood die from drugs that enter the hive with nectar and pollen. For laboratory research, samples are taken from 10% of bee colonies with characteristic features poisoning Dead bees (400-500 individuals) are placed in a plastic bag, samples of honeycombs with honey are placed in small wooden boxes, plants (100-200 g) are placed in fabric packaging.

To make amends

When making a diagnosis, the death certificate of the bees has legal force. On the day of poisoning, it is drawn up by a commission consisting of a veterinarian, a beekeeping specialist, a plant protection agronomist, a representative of the village council and the owner of the apiary. Together with the report and the conclusion of the veterinary examination, the materials are submitted to the court to establish the exact material damage and bring a claim against those responsible. The act indicates the drug used to treat agricultural crops, the phase of plant development, a list of flowering honey plants and weeds within a radius of 5-7 km from the apiary; whether beekeepers were aware of the start of chemical treatments.

If the documentation is completed on time and correctly, the trial very often ends in favor of the injured apiary owner. But it’s better not to let it get to that point by following our simple recommendations.

Mikhail NECHIPAYLO

Punishment for the perpetrator of a road traffic accident (accident), which resulted in the death of people, is provided for by the specialized “Criminal Code of the Russian Federation” dated June 13, 1996 N 63-FZ (as amended on December 30, 2015). The preventive measure is chosen by the court, taking into account all the features of a particular case. Including aggravating and mitigating circumstances. Punishment can only be avoided if the culprit himself dies. Or in the event of his reconciliation with close relatives of the deceased.

Guilty or not

Punishment of the culprit of an accident in which one or more people died will follow after the investigation proves that the death was the result of a collision and not a tragic combination of circumstances (for example, death from a heart attack).

1. If the driver did not exceed the speed limit in a given area, with the help of an automotive technical examination it is determined whether he had the technical ability to prevent the accident. If not, then the driver is not subject to criminal liability under Article 264 of the Criminal Code of the Russian Federation, and is punished as a violator of Article 10.1 of the Road Traffic Rules (RF Traffic Regulations), since in any case he should have “taken possible measures to reduce the speed until stopping.”
2. Criminal liability under Article 264 of the Criminal Code of the Russian Federation occurs if the driver could objectively notice the danger, had the technical ability to avoid the accident, and it was the driver’s actions that caused the consequences.
3. If the court finds that the fatal consequences occurred not only as a result of the defendant’s violation of Russian traffic rules, but also due to the victim’s failure to comply with the rules (he was not wearing seat belts, was riding a motorcycle without a helmet, etc.), this may be taken into account by the court as a mitigating circumstance . With the exception of moments when the driver did not fulfill his duties to ensure the safety of passengers (clause 2.1.2 of the Russian Traffic Regulations).

Options for interpreting guilt

If it is proven that the perpetrator of the accident had deliberate intentions to harm the victim, then the death is classified as murder committed with the help of a car. Punishment is provided under the articles of the Special Part of the Criminal Code of the Russian Federation on crimes against the person (minimum under Article 105 of the Criminal Code of the Russian Federation - from 6 to 15 years in prison).

However, more often the death of people in road accidents is classified as deprivation of life due to negligence, when the accused had the opportunity to foresee the consequences, but due to criminal frivolity or negligence did not take actions that could prevent the tragedy. Or undertaken, but insufficient.

Punishment under Article 264 of the Criminal Code of the Russian Federation

Punishments for fatal accidents are provided for in Art. 264 of the Criminal Code of the Russian Federation on violation of traffic rules of the Russian Federation and operation of vehicles (TS).

1. If the culprit was intoxicated, he is deprived of the opportunity to receive a suspended sentence and is subject to a more severe punishment.

2. If one person died, the culprit is punished in accordance with Article 264, paragraph 3 of the Criminal Code of the Russian Federation:

• forced labor for up to 4 years;
• or imprisonment for up to 5 years;
• or imprisonment from 2 to 7 years, if the offender was intoxicated (Article 264, paragraph 4 of the Criminal Code of the Russian Federation).

3. If two or more people died in an accident (Article 264, paragraph 5 of the Criminal Code of the Russian Federation)

• forced labor for up to 5 years;
• or imprisonment for up to 7 years;
• imprisonment from 4 to 9 years if the culprit of the accident was drunk (Article 264, paragraph 6 of the Criminal Code of the Russian Federation).

4. In all cases, the culprit of a fatal accident, along with the main one, receives an additional punishment in the form of deprivation of a driver’s license (DR) for a period of 6 months to 3 years (indicated in the text of the Criminal Code of the Russian Federation by the wording “deprivation of the right to engage in certain activities”, more details in Art. 47 of the Criminal Code of the Russian Federation).

5. If the accused was drunk at the time of the accident, and had previously been subject to administrative punishment or even been convicted of driving while drunk, an additional punishment, in addition to deprivation of driving license for up to 3 years, is provided (Article 264.1 of the Criminal Code RF):

• a fine of 200-300 thousand rubles (or in the amount of the convicted person’s income for 1-2 years);
• or compulsory work up to 480 hours;
• or forced labor for up to 2 years;
• or imprisonment for a term of up to 2 years.

GOOD TO KNOW! If the defendant fully admits guilt, and the trial takes place in a special order, i.e. according to a simplified procedure without calling witnesses, the punishment imposed by the court does not exceed two thirds of maximum term punishment provided for in the relevant article of the Criminal Code of the Russian Federation.

Extenuating circumstances

Mitigating circumstances are determined by Article 61 of the Criminal Code of the Russian Federation

• pregnancy;
• presence of young children;
• the juvenile age of the perpetrator;
• committing a violation for the first time;
• positive driving experience;
• surrender, active assistance in the investigation of the crime;
• providing medical assistance to the victim at the scene of the accident, voluntary compensation for property damage and moral damage, and other actions to make amends for the harm caused to the victim.

IMPORTANT! If the culprit of the accident himself died, then the criminal case is closed under Art. 24 clause 4 “Criminal Procedure Code Russian Federation» dated December 18, 2001 N 174-FZ, due to the death of the culprit.

Reconciliation with the injured party

If the court considers that the crime committed falls into the category of minor or moderate severity, and the culprit committed this for the first time, then a chance arises, according to Art. 76 of the Criminal Code of the Russian Federation, for reconciliation with the injured party.

There is no way to compensate the deceased. The injured party will be represented by close relatives of the deceased, guardians, etc. If the injured party files a motion to dismiss the case due to conciliation, the case will be terminated.

However, closing a criminal case after reconciliation of the parties (Article 25 of the Code of Criminal Procedure of the Russian Federation) is a right, not an obligation of the court. The court must thoroughly examine

• public danger of the crime;
• information about the identity of the culprit;
• whether pressure was exerted on the victim;
• what was done by the defendant to make amends for the harm caused, etc. (Clause 16 of the current edition)

ON A NOTE! It is useful to remember about payments under compulsory motor liability insurance, which the family of the victim will receive guaranteed, without any gestures of goodwill on the part of the person responsible for the accident.

According to Art. 7 of the current edition of the Federal Law of April 25, 2002 N 40-FZ “On compulsory insurance of civil liability of vehicle owners,” the insurer under the MTPL policy pays the maximum amount to victims as compensation for damage caused:

• health or life of each victim - 500,000 rubles;
• property of each victim, 400,000 rubles.

You cannot drive while intoxicated. Even if something irreparable happens and the driver becomes responsible for the death of another person, he has a chance not to go to jail. Otherwise, it will not be possible to avoid imprisonment for at least two years. Even with a whole list of mitigating circumstances.

The official version of the crash of the A321 airliner has been announced - a terrorist attack. Most of the relatives of the victims from the very beginning of the investigation into the tragedy did not doubt this fact. Investigators at the identification parade and rescuers who went to the scene of the disaster immediately made it clear to them why the passengers died. We talked to those who have lost loved ones. And they found out how scammers profit from the tragedy, who looted the crash site and why two million “coffins” became a bone of contention for many families.

The Kogalymavia airline A321, flying from Sharm el-Sheikh to St. Petersburg, crashed on Saturday, October 31, on the Sinai Peninsula. All 224 people on board were killed, including seven crew members.

Alexander Voitenko lost his sister Irina and niece Alisa. Later, the girl was identified. Alisa was buried in Pskov. Her mother was never found.

For the identification procedure dead people They rarely came alone, more often they asked friends to support them. But the grief of an individual family will always remain alien to outsiders. And at some point, those who did not wait for their relatives from Egypt were left alone with their misfortune. Then Alexander Voitenko decided to unite the victims. Now they are one family. With general pain.

The final stage of identifying the dead is now ending. The results of the DNA examination have not yet been announced (the results of the examination were promised to be given to the relatives by November 25 - “MK”). Many relatives of the victims, those who still have strength, still go to the crematorium as if they were going to work. They look at photographs from which they try to identify their loved ones and little by little go crazy from the horror they see,” says Voitenko. “At some point I decided for myself that I would not identify my sister either from photographs or visually. It won't do anything. I'll just wait for the DNA test and bury her.

- How will the remains be released?

Centrally - in St. Petersburg. All relatives will be invited to the crematorium again. At the appointed time, 6-10 families will be called, a death certificate, remains and examination results will be issued. We were promised that this final stage would take place as quickly as possible, without delay.

- Those people who live in other cities - how will they receive a certificate?

They will have to come to St. Petersburg again. There are people there from Ukraine and Belarus. The state will pay for their travel. They most likely will not need accommodation. Documents and remains will be issued, and everyone will be sent back on the same day.

The A321 crash will be investigated as a terrorist attack. So, you can file claims for compensation for moral and material damages against terrorists, their accomplices, the Egyptian Sharm el-Sheikh airport and its security service?

Let's wait a little. The primary task for us now is to bury our relatives. And we will solve all other issues later. But if we look ahead, I can say that the relatives of the victims intend to sue the Egyptian side.

We already have lawyers who are ready to provide assistance on these issues. We don’t understand where to go, what to do, how to act in such situations. I hope competent specialists will help us. And further. Even if the Egyptian authorities apologize to us and ask us to go to peace, we will not agree. We will sue until victory.

- Have insurance companies already paid compensation to anyone? People received 2 million rubles?

Personally, I have never heard of such people.

But your family should have received this money too. You've already buried your niece? The death certificate is in your hands.

My deceased sister Irina was divorced. But nevertheless, her daughter has a father. So he deals with these issues. He will receive all payments. I don't interfere in this situation.

They say that some relatives of the victims faced serious problems in obtaining cash payments?

Yes, there are families who, for one reason or another, cannot receive money. Everyone has different stories. There are many who lost relatives not of the first rank, but of the second. For example, a grandmother cannot receive money for the death of her granddaughter and daughter. In this case, compensation is due only to the husband and, accordingly, the father of the girl. What if he hasn’t lived with his family for a long time? Such difficult cases, we turn to lawyers who explain our rights. Those families who have not yet buried their loved ones are unable to deal with paperwork. So, for many, the circles of hell associated with paying compensation will begin after the funeral.

I heard that jewelry was taken from all the dead? It turns out that looting after the crash of the liner could not be avoided?

Yes, all the jewelry from the victims was removed and stolen. The fact is that the first to arrive at the crash site were residents of neighboring villages. They managed to rob the dead completely. Egyptian rescuers arrived later. And for some reason they took away the remaining decorations from the scene of the tragedy. Where all this went is not clear. Ours were there on the second day. Later they told us that they did not understand why the Egyptian rescuers did this. This absolutely could not be done. If the deceased had worn jewelry, it would have made the identification process easier.

- It's true that Cell phones did the dead survive?

Yes. Rescuers from the Ministry of Emergency Situations said that at the crash site, mobile phones were ringing with calls for two days until they ran out of charge.

- Haven’t the things of the victims been given back yet?

We were shown my niece's clothes - a T-shirt, trousers. But they didn’t give it away. Things were not given to anyone. Investigators need them for examination. According to rumors, not all relatives will be given the belongings of the deceased. They will remain with investigators as evidence.

After the plane crashed in St. Petersburg, two spontaneous memorials were formed - near the airport and on Palace Square. People brought hundreds of toys. What about the memorials now?

Recently, by order of the city administration, the memorials were combined and moved to another location. 24 trucks transported toys and flowers to a small park located a stone's throw from the crematorium. Rain and snow, of course, ruined the toys. There's nothing you can do about it. I'll probably have to throw it all away in a week or two.

A few days after the tragedy, scammers became active on the Internet, trying to profit from the situation. What do you do in such cases?

I personally know of two foundations that collected funds supposedly to help the relatives of the victims. All this was organized without our knowledge or assistance. Moreover, these organizations grew so quickly that their details are broadcast on television. Probably, the fund's organizers are collecting good money. Also, many people write to me that on social networks people create pages where they collect money for one or another deceased. Although they have nothing to do with the dead. And there are many who want to help us. We could use the money to cover the legal costs that most likely await us ahead.

Are you talking about a trial that is possible with the Egyptian side? Do you think the state will not pay you for these costs?

Don't know. But in any case, we will incur some expenses. Now we are looking for lawyers who may take on the defense of our interests. And if we lose the process, we will have to compensate our representatives something...

Natalya Zavgorodnyaya: “My mother and stepfather, (Irina Zavgorodnyaya and Alexander Semenov), whom I considered my father, died in the terrorist attack. But he did not officially formalize the adoption certificate. We lived as one family for 16 years. I thought about burying my parents in a cemetery in St. Petersburg.

But brother stepfather wants to take the remains and bury him in Murmansk. This will separate my parents. I can not do anything. I have no rights under the law. His brother will also receive compensation for his stepfather.

Now everyone is given 100 thousand rubles, which will be spent on a place in the cemetery, where they demand from 90 to 150 thousand. Further, upon presentation of all checks, the state will reimburse expenses for wreaths and a coffin, but not more than 25 thousand rubles. We talk about millions only after receiving information about death, that is, not before the DNA examination is completed.”

Problems with compensation payments arise after every plane crash involving a Russian airliner. As a result, relatives of the victims have to extract the money they are entitled to from insurers. In this situation, only those closest to you can claim payment. Some relatives of plane crash victims are being denied compensation. For example, to grandchildren if their grandmother died.

Thus, the parents of the Sheins (in the list of the dead are Olga and Yuri Sheins and three children) applied for compensation to the insurance company, but they agreed to pay them money only for their father and mother. But not for grandchildren.

The grandchildren also cannot get anything for their grandmother, the relatives of the victims complain. - We turned to lawyers. Everyone unanimously repeats: “We’ll have to run.” They say that only close relatives - parents, children and spouses - have the right to compensation. So the first priority heirs will receive the money. All the rest - only through the court.

Parents can count on payments if they can prove that they were dependent on their deceased children... And this is not easy to prove.

Another story. Four of the seven deceased crew members of the Kogalymavia airline plane have no direct heirs. In this case, we mean the presence of either a spouse or children. In this regard, the question of one-time compensation in the amount of one million rubles from the Fund social insurance RF can be resolved through the court in favor of the parents, if, again, they were dependent on the deceased children. In this case, parents must apply to the court themselves.

The fact that monetary payments to the parents of the four A-321 crew members who died in Egypt will have to be sought through the courts was confirmed by the Social Insurance Fund of the Russian Federation.

We are responsible for the families of the deceased crew members. They must pay them 1 million rubles,” the Fund explained. - For three of the dead, documents for payment have already been sent. But for four - no, since the dead do not have direct heirs, that is, the crew members were either single or unmarried, and payments apply only to wives and children. If in court the parents of the deceased prove that they were dependent on their children, then they can claim compensation.

It is not surprising that in such confusion with compensation, scammers have become more active.

The girlfriend of the deceased flight attendant Alexei Filimonov, Valeria, was in shock when she learned that a certain Evgenia was impersonating common-law wife Alexey and organized a fundraiser. A lot of people transferred money to her account until the page was blocked, say Filimonov’s acquaintances.

Contacted through social networks and relatives dead family Gromovykh (parents and the “main passenger” - little Darina from the famous photograph): “On behalf of the relatives of the victims, they are collecting money for some funds. We officially declare that we did not ask anyone to do this. So people are just lining their pockets, making a living out of grief.”

And the worst thing is that now, if any relative of the deceased really needs help, he, too, may be mistaken for a fraudster.

Hello, this is Ilya Kulik.

If people die in a road accident, this is classified as death due to negligence in an accident, that is, in fact, unintentional murder. And for this there is a significant period of time. But since this is a careless act, the punishment can be mitigated.

The specific punishment will largely depend on the relationship between the guilty and the injured parties, and on the attitude of each of them to the process, since the trial concerns them directly.

Which article provides for liability for a fatal traffic accident?

Criminal liability for crimes unwittingly committed on the road by car owners, including those resulting in death, is provided for in Article 264 of the Criminal Code of the Russian Federation. Specifically, death in an accident concerns points 3 to 6.

Punishment for a fatal accident

As many as four points regarding accidents in which there are fatalities were created to differentiate cases:

• in count dead;
• according to condition driver (sober/drunk).

Therefore, there are four degrees of punishment.

If convicted of any of them, the driver's license will be revoked for up to 3 years as an additional penalty. Unless otherwise stated, the minimum term for each type of sentence is 60 days.

What penalties are established for each case?

If only one person died and the driver was sober, several punishment options are possible, namely:

• up to 4 years forced labor;
• up to 5 years imprisonment.

If there are several deaths in an accident, the judge will choose one of the following measures to apply to a sober driver:

• for 5 years maximum – forced labor;
• up to 7 years- deprivation of liberty.

For persons who committed the same crime in the state, the punishment will be more severe. Since 2014, for road accidents due to drunkenness, if people died, a lower limit for the duration of punishment has been established.

If one person died in an accident The punishment for a drunk driver will be imprisonment for a period of 2 to 7 years.

In case of death of several persons, the drunken culprit is punished shortest term imprisonment – ​​4 years, and maximum – 9 years.

Features of criminal cases initiated for causing death in an accident due to negligence

Initiation of a case for fatal accidents is possible within 6 years. Therefore, if no later than six years later the culprit is found to have fled the scene of the accident, he will be held criminally liable.

Note. In the event of the death of the culprit, no criminal case is initiated.

Since causing death as a result of a road accident is considered an unintentional act (unless proven otherwise), caused by negligence. In fact, no driver wants to become the culprit in the death of others. Therefore, even violating the rules of driving while drunk, resulting in the death of many people in an accident, is considered a crime of moderate gravity.

This leads to the possibility:

• assigning a suspended sentence;
• closure of the case for reconciliation of the parties.

Will the culprit pedestrian be punished?

Many people think that pedestrians do not bear any responsibility, even if they violate traffic rules. But that's not true. Yes, in most cases it is the driver of the vehicle who is found guilty, since he must always keep the situation under control, drive at a speed that allows him to brake in time, etc.

But when it is proven that the driver had no technical or physical ability to prevent the accident, the pedestrian is recognized as the culprit. IN Lately, with the widespread use of dash cams and, most importantly, the acceptance of video recordings in court, finding the truth is becoming easier.

What is the punishment for those guilty on foot?

So what will happen to the pedestrian if the court finds him to be the culprit of an incident in which there are human casualties? Article 264 cannot be applied to him, since it is only for vehicle managers. But the Criminal Code has another article - 268 for pedestrians, passengers and other road users who are not drivers.

Guilty of the death of one person maximum faces four years(one from the list):

• restriction of freedom;
• forced labor;
• deprivation of liberty.

When death because of the suspect two or more people, maximum the possible period of forced labor increases to 5 years, and imprisonment up to 7 years, restrictions on freedom will not apply. The state of alcoholic and other intoxication does not provide for a separate punishment, but can be recognized by the court as an aggravating circumstance.

Where does the culprit serve his sentence?

I think that many of you, when you hear the words “criminal sentence”, “deprivation of liberty”, immediately imagine prison dungeons. In fact, those convicted of unintentional crimes serve their sentences in penal colonies.

In such institutions there is no security and constant supervision, there are no restrictions on postal communication and personal visits. They live in dormitories, but it is also possible to provide separate living space if the convicted person wants to live with his spouse. In some cases, they are allowed to live outside the colony. Labor is carried out and paid in accordance with the Labor Code of the Russian Federation. For refusal to work, penalties are imposed, for example, a ban on leaving the dormitory.

In general, the most significant difference from ordinary life is the need to be strictly certain territory and be periodically reported to the authorities, as well as the fact that the administration can at any time conduct an inspection, inspect things, etc.

The main disadvantage of colony settlements is the likelihood that among the prisoners there will be real criminals serving time for serious crimes, but brought to the colony for good behavior or for other reasons. Such persons bring a prison atmosphere to the colonies.

What is taken into account when sentencing?

When deciding on punishment, the judge takes into account various circumstances of the case, which can either reduce or increase the punishment.

What is the reason for reducing the punishment?

Mitigations in case of a fatal accident will be:

• committing a crime for the first time;
• the presence of the victim's guilt(for example, in a collision between two cars, the passenger of the driver who did not violate the rules was not wearing a seat belt. If the unfastened passenger was in the car of the culprit, the responsibility for not using the seat belt lies with the driver);
• the culprit has not reached the age of majority;
• the accused is a pregnant woman;
• the defendant has young children;
• confession, assistance in investigation;
• the culprit provided medical care to the victim and voluntarily compensated for the damage (moral damage).

If the accused agrees with the charges, he can file a petition for sentencing without the usual trial, if the victim does not object.

With this special procedure, judges take into account only the personality of the defendant and aggravating and mitigating circumstances. Punishment in such a process is not imposed for a period greater than the maximum for the crime in question.

Note. When a person who has been harmed dies, one of his close relatives is considered the victim.

What will aggravate the guilt

Aggravating circumstances for causing death in an accident include repeated commission of a crime. Causing death and drunkenness are considered aggravating circumstances in themselves, but since they constitute a sign of the crimes described in Art. 264, then when sentencing they are not taken into account as aggravating factors.

Reconciliation of the parties

Formally, the law allows for reconciliation of the parties in any crime of moderate gravity. However, for quite a long time there have been debates both among the legislative and judicial communities about the legality of reconciliation of the parties in cases involving the death of people.

Opponents of reconciliation argue that relatives and other representatives of the deceased, who are recognized as victims, do not have the right to reconcile with the culprit on behalf of the deceased.

In any case, the decision to terminate the case for reconciliation of the parties is made by the court on a case-by-case basis; termination of the case is the right of the judge, and not his duty. And since there is no final decision, depending on the region and even the specific court, it is possible different solution this question.

For example, the Sverdlovsk Regional Court considers reconciliation of the parties unacceptable if there has been a death, and the courts of Tatarstan, including the highest ones, almost always terminate cases related to fatal accidents upon reconciliation of the parties.

Probation

Theoretically, since any cause of death in an accident is considered a careless act and is of average severity, a suspended sentence is possible if the assigned term is no more than 8 years. A suspended sentence is imposed when the judge believes that the person can improve without being isolated from the public.

The judge chooses the specific punishment. As practice shows, a suspended sentence is not assigned for accidents committed while drunk. In some regions, judges refuse to grant a suspended sentence even for causing the death of one person while sober.

In general, there is a possibility that the culprit will get a suspended sentence, but this will require significant mitigating circumstances, the absence of objections from victims and prosecutors, and competent legal support. If the accident that led to death was committed while intoxicated, a real sentence cannot be avoided.

Compensation for moral damage

The death of a person is always a grief for those to whom he was dear and an irreparable loss, so the question of compensation for moral damage to relatives naturally arises.

How much will the insurance company pay under compulsory motor liability insurance if you die in an accident?

Since 2015 Insurance companies They pay 475 thousand for each deceased. This amount is distributed among all beneficiaries, who are recognized not only as those who lost their breadwinner, as before, but also close relatives (spouse, children, parents, dependent person of the deceased). If there are several persons wishing to receive payment, and the court recognizes each of them as victims, the maximum amount will be equally divided between them.

If compensation for health damage was paid before the death of the victim, the amount paid is deducted from the death benefits.

Any person who presents documents evidencing funeral expenses can receive up to 25,000 rubles in compensation.

Let's sum it up

• punishment for the culprit a fatal accident is quite severe;
• on the judge's decision the appointment of one or another punishment is significantly influenced by the attitude of the culprit and victims to the case, confirmed by relevant statements;
• reconciliation of the parties and probation– possible, but not obligatory resolution of the case;
• victims will receive payment from the insurance company and may demand compensation from the culprit for moral damages.

Conclusion

Causing death as a result of an accident, on the one hand, is a serious act, on the other, it always occurs unintentionally, against the will of the culprit. Therefore, when making a decision, all the circumstances of the case will be taken into account so that the perpetrator suffers a sufficient punishment, but not exceeding the gravity of the crime.

In conclusion, watch the video in which a judge of the Chelyabinsk Regional Court answers questions on criminal cases relating to road accidents.