Is preparing a bill that would toughen the punishment for nepropusk emergency, including criminal
For nepropusk ambulance can land you in jail, is preparing a bill
On consideration in the state Duma was made several contradictory and very hard to apply them the sanctions of the bill concerning nepropusk ambulances rushing to a call or transporting a patient in a hospital. Both bills, according to newspaper Kommersant, was submitted to the Duma in April of this year and one way or another were connected by one or more sensational incidents on the road directly related to nepropusk ambulance. In the example, Kommersant cites the case in Petropavlovsk-Kamchatsky, where at the beginning of the year, “the ambulance crew were not able to come to the call because she blocked the path of the vehicle, as a result, the patient died on the road”.
A high-profile case has fueled a rapid legislative activity of the Ministries, who excitedly began to offer adequate in the opinion of the lawmakers of the penalties for obstructing the passage of ambulances. Therefore, the city Council suggested the need to introduce the penalty in 40 thousand roubles, the Ministry of health of 30 thousand and deprivation of rights for drivers, which prevent the passage of card ambulance.
The draft laws, the authors of which were the deputies of United Russia Irina Yarovaya and Dmitry Morozov implies a change of several laws, namely, the change of article 12.17 of the administrative code, in its current wording it responsibility is provided:
Failure to provide advantage in the movement route of a vehicle or vehicle with the included special light and sound signals
2. Failure to provide advantage in movement to the vehicle having applied to the outer surface of the special color schemes, inscriptions and designations, with simultaneously included flashing beacon blue and a special sound signal –
shall entail the imposition of an administrative fine in the amount of five hundred roubles or deprivation of the right of management by vehicles for the term from one to three months.
After the changes, which are likely to be made, because the authorship of the number of deputies of the United Russia will propose new sanctions:
In the case if the ambulance is significantly delayed in the road and medical assistance was provided to the patient “delayed” the driver-the offender will receive the penalty of 30 thousand rubles and deprived of rights for up to two years (this sanction rule entered apparently from the proposal of the Ministry of health).
In addition, the Code of administrative offences according to the project, will be introduced a new article “Obstruction of medical assistance”. For administrative purposes it is assumed the imposition of a fine in the amount of 4-5 thousand rubles or administrative arrest for up to 15 days.
In the criminal code will also include the article with the same title that implies criminal liability of drivers for this type of crime. Presumably the penalty will be:
40 thousand roubles of the penalty, obligatory works for the term up to 360 hours, or arrest for period before four months, according to the material of the newspaper Kommersant, in that case, if the citizen was placed “lawful activities of the healthcare worker by withholding, threats, obstructing access to the patient, if it resulted in infliction of medium gravity harm to health of the patient”.
If the patient in the ambulance died on the way, the culprit in his death is waiting for up to four years of imprisonment.
While the package of amendments is not accepted and only being seen, but experts and lawyers were some of the important issues on which lawmakers have yet to explain:
How to prove that the driver intentionally does not give way to ambulance? Maybe he tried to do it, but it was not possible?
How will the identification is carried out exactly the person who was driving the car? You will need to take pictures of his face or what to do?
And the main question. If the patient still died on the road, how to prove a causal link between the delay of a vehicle ambulance other participant of movement and death of the patient? If she could influence this fact? Whether doctors to shift the blame to the drivers?
In General, the law prepares contradictory, what do you think about him?