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What legislative acts regulate the conditions for considering an accident in court (in particular, the time frame).


In the case of the institution of a criminal case involving an accident, the procedure for its consideration is determined by the Criminal Code (CC) and the Code of Criminal Procedure (CCP). According to Art. 120 CCP pre-trial investigation in criminal cases must be completed within two months. However, this term can be extended. In practice, cases of this type are often investigated for years. Most often, there are objective reasons for this, for example, difficulties in organizing and conducting various kinds of examinations. For example, an accident occurred in winter, during a snowfall, and even with the road lighting turned off, and for examination it is necessary to reproduce exactly such weather and road conditions. If at the time of the investigation came the spring, we will have to wait for the next winter. However, quite often the real reason that the pre-trial procedure is delayed is the heavy workload of the investigators or even the reluctance to conduct an investigation. For example, in order not to violate the terms of pre-trial investigation, they suspend it according to art. 206 CCP. Sometimes there are good reasons for this (the suspect has fallen ill or disappeared), sometimes - no. In this case, the investigator suspends the investigation on the basis of Cl. 3, Art. 206 CCP (when the person who committed the crime is not established), even if there is a clear fault of one of the participants in the accident.

If it is a question of compensation for damage within the framework of civil liability (there are no casualties or slight bodily injuries), other deadlines are set here. According to Art. 157 of the Civil Procedure Code of Ukraine, after the commencement of proceedings, the court is obliged to conduct a judicial examination of the case within a reasonable time, but not more than two months. In exceptional cases, at the request of the parties, this period may be extended. Unfortunately, and within the civil process, litigation of cases of this category can last for years. More often, the tightening is also associated with difficulties in conducting various examinations, disagreement of one of the parties with its results, and so on.

If you as a defendant, being duly notified of the time of the hearing (that is, subscribed to the receipt of the letter), do not appear in court, the court, in turn, according to Art. 224 CCP has the right to make an absent judgment based on the evidence collected.

In the case of an administrative offense under Art. 124 of the Code of Ukraine on Administrative Offenses (violation by drivers of the Traffic Regulations) according to Art. 277 ALMC, the period for considering the case is set at 15 days. However, at such times courts often do not fit and the case is delayed for more than two months. In such cases, according to Art. 38 ALCO administrative penalty can not be imposed on the offender at all. The court issues a decision to close the administrative proceedings, but the descriptive part necessarily indicates the guilt of one of the participants in the accident, which can be evidence in court in the civil proceedings.