THE CIRCUMSTANCES AS AN ELEMENT OF THE CRIMINAL CHARACTERISTICS OF A VIOLATION OF THE RULES OF ROAD TRAFFIC SAFETY OR VEHICLE OPERATION BY PERSONS DRIVING VEHICLES

Abstract

The article provides a description of the situation of violation of the rules of road traffic safety or operation of transport by persons driving vehicles. It is indicated that within the framework of forensic characteristics, the situation of a criminal offense makes it possible to: establish the “professional” level of a criminal offender and draw up his portrait; to establish the physiological characteristics of a criminal offender by trace formation; establish the mechanism of a criminally illegal event; to establish the features of the pre-criminal and post-criminal stage; to establish the features of the objective conditions that facilitated/complicated the commission of a criminal offense; determine the potential impact of the victim’s behavior (if it exists) on the mechanism of criminally illegal behavior of the offender. It is noted that establishing the nature of the road situation in order to determine the specifics of the subjective side of the offense in terms of the degree of guilt of the subject acquires primary importance. It is proved that during the inspection of the place of violation of the rules of traffic safety or the operation of transport by persons who drive vehicles, the involvement of specialists-car technicians, as well as criminologists, who will contribute to the search and qualified removal and preservation of traces of a socially dangerous act, acquires special importance and relevance. It is summarized that most of the procedural actions are aimed at establishing the specifics of the situation of the violation of road safety rules or the operation of transport by persons driving vehicles, which is the main information within the framework of the forensic assessment of the act, necessary for the correct qualification and selection of sanction limits.