The case of an accident

The case of an accident

The victim (client lawyer) crossing the road at a right angle (there were no fences or dividing line, the nearest pedestrian crossing is located 1.5 km. From the accident scene, traffic of cars is usually no, one lane in each direction). From the testimony of the driver, shot down the girl, it goes to step pace, and then, having reached the middle of the road, suddenly and dramatically changed the speed of the run up. The driver was moving at a speed of 60-70 km / h produced hit a girl. As a result of the accident the girl was diagnosed with a fracture of the skull base. According to a medical report of doctors girl had expensive surgery with implantation of the plate instead of a piece of the shattered skull. The investigator in the decision to have a pedestrian violation of para. 4.3. SDA and pleaded guilty client's lawyer.

With regard to the driver recognized the lack of evidence of claim. 1, Art. 264 of the Criminal Code. The lawyer instructed to hold a private detective to investigate. As a result, the detective was established as follows: Along the road of the accident site including the offices of various commercial organizations. A number of commercial structures around the clock capture of territory. While watching videos and the crime scene has been established that at the time of the accident to the interest on the part of the road was set road sign "speed limit of 40 km / h", but immediately after the accident sign ischez.Predostavlennye attorney's request, documents on this section of road at the traffic operating organization detective confirmed the information.

The lawyer, taking into account the results of private investigation, successfully appealed against the refusal to institute criminal proceedings in connection with its unfounded and, therefore, illegal. In the complaint, counsel refers to the following circumstances: 1) the victim has not been queried, 2) contained in the materials testing instruments do not meet the facts of the case, ie, the facts have not been established.


Case Studies

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