Positive in idea, but difficult in execution: crash-for-cash car scams can become criminally punishable
In Russia, scammers who deliberately engineer an accident in order to get profit may begin to be prosecuted. The idea itself is positive, according to experts interviewed by Realnoe Vremya. However, it is quite difficult to prove that the accused is actually a victim and the accident was staged. Read the details in the material of Realnoe Vremya.
It will be possible to incur criminal liability for an intentional car accident
It is planned to include a separate punishment in the Criminal Code for intentional accidents committed for the purpose of extortion. The bill is being prepared for submission to the State Duma by Deputy Yaroslav Nilov.
The reason for the initiative is the increased incidence of crash-for-cash car scams, when scammers simulate traffic accidents in order to force drivers to pay compensation. The current legislation is ineffective in combating this type of fraud, since it does not take into account its specifics.
The bill proposes to single out crash-for-cash car scam as an independent crime and establish punishment:
- up to 4 years in prison for creating an accident for the purpose of extortion;
- up to 7 years of imprisonment for commission by a group of persons by prior agreement or causing serious harm to health.
Experts point to difficulties in accurately defining criteria for identifying scammers, which can create difficulties in law enforcement.
“Now any accident is assumed to be unintentional”
Vladlen Kopville, a lawyer for the Federation of Car Owners of Russia, also stated that it is difficult to reliably determine the criteria for a crash-for-cash car scam. However, there is one loophole, he told Realnoe Vremya.
“Crash-for-cash car scams are really inaccurate. But it can be checked by people, by cars. It's just that the same car is scammed several times, or a person is involved in an accident several times. Although there are situations when it really happens by accident. There are difficulties in this aspect," he explained.
In general, the law needs to be adopted, Kopville believes:
“In our country, any accident is perceived as unintentional, allegedly people do not want this, because of this, the penalties are not very serious. Now it will be legally possible to prove the intentional nature of the accident.”
As for the penalties, the speaker assessed them as “normal”. He explained that at the moment, three years in a penal colony and deprivation of rights for the same period are charged for an accident that caused the death of a person.
“If there is no article, a person cannot be punished”
At the moment, the scammers are getting away with it. The maximum that they can face is liability for traffic violations if the injured driver can prove his innocence. There will be no penalties for the fact of an intentional accident now, lawyer Rafis Khasanshin told Realnoe Vremya.
“So, if during the dispute it is established that the actions of the scammer do not comply with traffic regulations, this dispute is subject to civil law settlement on the claim of the victim for compensation for material damage caused by the accident, or the material can be sent to the prosecutor to initiate an administrative case in accordance with Article 12.35 of the Administrative Code of the Russian Federation. However, the scammer does not incur criminal liability," he explained.
According to the expert, the probability that the bill will be passed is quite high — “road traffic regulations are based, among other things, on bitter experience”.
“If there is no article, a person cannot be punished. If the act is not criminally punishable, then, accordingly, criminal liability will not occur. Today, at the official level, there is no such thing as a crash-for-cash car scam," Khasanshin said. “This is a philistine term — when a road user intentionally creates a situation in which an accident occurs. His actions contain an intention to pay monetary compensation for the damage caused in his favour.”
He also agreed that it is quite problematic to identify a crash-for-cash car scam:
“There are a number of criminally punishable acts, the identification of which causes some difficulty. In this situation, the DVR can help — it is the most objective “witness” of all events, which cannot be bribed or persuaded. Thanks to it, the accused victim will be able to present evidence of his innocence in the trial.