Danger on the road

A drunk driver behind the wheel of a vehicle is unable to adequately perceive the road situation; he is unpredictable and poses a threat to those around him. Individuals for whom driving a vehicle while intoxicated is considered normal and has long become a habit pose a particular danger.

This problem remains relevant, so timely exposure of the guilty party and the application of proportionate, fair punishment should contribute to the safety of citizens who may potentially become victims of crime.

The Criminal Code of the Republic of Belarus provides for liability for driving a vehicle by a person in a state of intoxication, for transferring control of a vehicle to such a person, or for refusing to undergo testing (examination).

Thus, part 1 of Article 317-1 of the Criminal Code (driving a vehicle by a person in a state of alcohol intoxication or in a state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, or transferring control of a vehicle to such a person, as well as refusing to undergo testing (examination) in the established manner to determine the state of alcohol intoxication or the state caused by the consumption of narcotic drugs, psychotropic substances, their analogues, toxic or other intoxicating substances, committed within a year after the imposition of an administrative penalty for similar violations) provides for punishment of up to 2 years of imprisonment with deprivation of the right to engage in activities related to the operation of vehicles for a period of up to 5 years. In the case of a repeated commission of the crime provided for in part 1 of Article 317-1 of the Criminal Code, liability arises under part 2 of Article 317-1 of the Criminal Code, the sanction of which provides for a maximum punishment of up to 3 years of imprisonment with deprivation of the right to engage in activities related to the operation of vehicles for a period of up to 5 years.

In addition, part 1 of Article 46-1 of the Criminal Code provides for the confiscation in favor of the state of the vehicle operated by the person who committed the crime provided for in Article 317-1 of the Criminal Code.

The aforementioned measures are aimed at reducing the number of road traffic accidents involving intoxicated drivers and decreasing the number of fatalities on the road.

In May of this year, the prosecutor's office of the Braslav district supported the state prosecution in a criminal case against S. for committing crimes provided for in Article 417, part 2 of Article 317-1 of the Criminal Code.

The latter was accused of having, being previously convicted for committing a crime provided for in part 1 of Article 317-1 of the Criminal Code, on one of the days in March 2020, while in a state of alcohol intoxication and without the right to operate vehicles, decided to ride a motorcycle belonging to another person through one of the settlements of the district. However, S. was unable to reach his destination as he was stopped and detained by the traffic police officers of the Braslav District Department of Internal Affairs.

It was established that S. had been previously convicted multiple times, including for evading the serving of a sentence in the form of deprivation of the right to engage in activities related to the operation of vehicles (Article 417 of the Criminal Code), as well as for committing a crime provided for in Article 317-1 of the Criminal Code.

Considering the evidence presented by the state prosecutor, S. was found guilty of the charged crimes and was sentenced to 1 year and 6 months of imprisonment to be served in a correctional colony under general regime conditions, with deprivation of the right to engage in activities related to the operation of vehicles for a period of 5 years. S. was also ordered to undergo compulsory treatment for chronic alcoholism. The vehicle operated by S. (motorcycle) was confiscated in favor of the state.

The sentence has not yet entered into legal force and may be appealed or contested in the manner prescribed by law.

Deputy Prosecutor of the District               S.P. Harbus