INVESTIGATION OF TRAFFIC COLLISIONS AND ESTABLISHMENT OF CAUSE AND EFFECT RELATIONSHIP BETWEEN VEHICLES BREAKDOWNS

Abstract

Issues related to the investigation of traffic collisions in criminal proceedings and establishment of cause and effect relationship between vehicles breakdowns are considered. The purposes and tasks of the vehicle inspection by an investigator are defined. The procedure for the appointment of a technical condition examination in criminal proceedings during the investigation of a traffic collision is indicated. The issues that are resolved while road-accident analysis of vehicles technical condition are examined. The possible conclusions of the forensic examination after establishing the vehicle technical condition at the time of the accident are drawn and evaluation of these findings is given. Investigations and trials on criminal cases related to traffic collisions, as well as investigating authorities and court decisions on the issues of violations by drivers of the requirements of Traffic Rules, Technical Operation Rules, require the mandatory establishment of the systems technical condition that affect the safety of vehicles. Currently, police officers and investigators do not have a clear, scientifically substantiated methodology for checking the technical condition of vehicle systems, and the protocol form for examining and checking the technical condition of vehicles is imperfect. Many years of forensic examinations experience in forensic institutions of the Ministry of Justice of Ukraine and continuous work with these documents indicate that there was almost no case when an inspection report was filled in correctly and contained reasonable and comprehensive information on the technical condition of the vehicle involved in a traffic accident. In connection with the above, the consideration of the traffic accident investigation that arose as a result of a vehicle breakdown is becoming increasingly relevant. In addition, it is advisable to highlight the scientific and technological progress that entails the development of new methods for forensic experts who are involved in criminal proceedings during investigation of traffic collisions. The initiation of criminal proceedings on the fact of a traffic collision and the establishment of cause and effect relationships between vehicle breakdowns has a number of peculiarities inherent only to this corpus delicti, but application of special knowledge in the field of automotive equipment, namely, interaction of investigative actions with forensic experts allows the investigation to establish a cause and effect relationship between identified vehicle breakdowns and the occurrence of a traffic collision, and most importantly to identify that a person driving a vehicle violated Vehicle Operation Rules in the event of a traffic collision.