Deputies allowed to send to the colony drivers who, after deprivation of their license, exceeded the speed limit or drove into the oncoming lane

The State Duma immediately adopted in the second and third readings a bill that introduces criminal penalties for repeated violation of driving rules after deprivation of a license. This is stated on the website of the Lower House.

The draft adds a new article 264.2 of the Criminal Code to the Criminal Code. Its first part will apply if the driver was deprived of his license for or, and he repeated this violation again.

This part implies up to two years in prison or a fine of up to 300 thousand rubles.

If a driver who has already been convicted under the first part, after the verdict, again exceeds the speed limit or drives into the oncoming lane, he will face up to three years in prison under the second part of Article 264.2 of the Criminal Code.

The bill was introduced into the State Duma on December 17, and passed its first reading four days later. The Supreme Court, in its response to the project ( .pdf ), criticized it, referring to the decision of the Constitutional Court on the “Dada” article 212.2 of the Criminal Code, which provides for criminal punishment after several protocols for violations at rallies.

In 2017, the Constitutional Court explained that to initiate a case, repeated administrative offenses in themselves are not enough and the investigation must prove “causing or a real threat of causing harm to the health of citizens and property.”

“The proposal to criminalize acts, the criminality and punishability of which will be determined not by their social danger, but only by the nature and degree of harm to public relations caused by previous offenses,” the Supreme Court said in its opinion, does not seem to be in accordance with the specified legal position [of the Constitutional Court].