New Legislative Draft to Toughen Penalties for Road Traffic Crimes: Prosecutor's Office

The Office of the Prosecutor General of Armenia has been paying special attention to the disturbing increase in cases of road traffic crimes (RTC) since 2018. Acting on the directive of Prosecutor General Artur Davtyan, the Preliminary Investigation Supervision Division conducted a study and analysis of the dynamics of RTC cases from 2016 to 2018. This included examining the legality of criminal cases investigated under Article 242 of the RA Criminal Code, exploring the underlying causes and conditions leading to these crimes, the adequacy of preventive measures, and the effectiveness of punitive policies.

The study revealed a troubling increase in the number of RTC cases. Specifically, there were 700 registered cases of offenses under Article 242 of the Criminal Code in 2016, 972 in 2017, and a significant jump to 1,283 in 2018. This marks a 32% increase in registered RTC cases from 2017 to 2018 alone. In the first six months of 2019, 685 such incidents were reported across the country, representing an increase of 133 cases, or 24.1%, compared to the same period in 2018. Furthermore, the number of fatal incidents rose by 44 cases, or 25%, from 2017 to 2018, and in the first half of 2019, fatalities increased by 15 cases, or 16% (from 94 to 109).

The investigation into the causes and conditions contributing to RTCs highlighted several significant factors, including driving under the influence, exceeding the maximum speed limits, and individuals operating vehicles without proper authority. An increase in the number of registered vehicles over several years has also led to heightened traffic congestion.

In light of the growing issue of RTCs, several discussions have taken place, notably on April 15, 2018, at a meeting involving heads of territorial subdivisions of the Prosecutor's Office, and during meetings held by the Prosecutor General in the regions earlier this year. These discussions emphasized the need for enhanced preventive measures and a stricter criminal policy.

During these meetings, the Prosecutor General instructed to map out the high-risk areas for traffic accidents and to utilize prosecutorial measures to improve signage in those areas, limit vehicle speed, and increase driver vigilance. Considering the need to ensure the safety of road users and the high level of public danger posed by these offenses, a focus was placed on operational and investigative actions concerning RTCs, ensuring the direct involvement of prosecutors in planning necessary measures to enhance the evidentiary process.

Additionally, to increase the efficiency and speed of investigations into RTC cases and obtain more comprehensive results from forensic examinations, the Office of the Prosecutor General has initiated the acquisition of a modern computerized program that allows for thorough analysis and modeling of road traffic accident mechanisms, thereby facilitating quicker and more accurate conclusions.

It has been highlighted that when petitioning for penalties in courts, prosecutors should consider the general rules for sentencing, the circumstances of the case, and the personality of the defendant, while ensuring that courts issue proportionate penalties. Special attention should be given to the nature of traffic violations, incidents of alcohol consumption by drivers, and circumstances surrounding leave of the scene of the crime.

Recognizing the necessity of strengthening punitive policies related to RTCs, the Office of the Prosecutor General has developed a legislative draft aimed at toughening the sanctions under Article 242 of the Criminal Code following an analysis of international practices. This proposed draft has been submitted to the Ministry of Justice. It aims to identify aggravating circumstances for offenses under this article, taking into account the prevalence and public danger of certain types of RTCs, including driving under the influence, exceeding the speed limit by a factor of two, or operating a vehicle without proper authority.

The draft also suggests establishing a minimum imprisonment threshold of three to five years for offenses outlined in the second part of Article 242 of the Criminal Code, addressing the current lack of such a threshold that grants excessive discretion to courts and often leads to disproportionately minor penalties for serious public safety concerns. The proposed legislative amendments are expected to contribute to a more proportional punitive policy regarding offenses defined under Article 242, prevent cases of road traffic crimes, and maintain public order while protecting human life and health.