The Supreme court overturned the sentence of Voronezh in the case of the death of a baby on the beach

The Supreme court of Russia reviewed the criminal case on the death of a ten-month-old child on the banks of the Voronezh river and declared the conviction invalid. On October 19, RIA Novosti reported with reference to court materials.

The incident occurred on the evening of August 8, 2021 near the sanatorium named after Dzerzhinsky. The man rested there with a family of friends and at their request went to their Ford Focus store. Returning, he parked the car in first gear, did not lock the doors and left the keys in the ignition lock - so that the car could listen to music. The children climbed into the salon, and the two-year-old daughter of acquaintances turned the key. The car moved and ran over a baby who died on the spot.

In February 2023, the court found the driver guilty under part 3 of Article 264 of the Criminal Code of the Russian Federation (violation of traffic rules, which resulted in the death of a person by negligence) and appointed him four years of colony-settlement.

The First Deputy Prosecutor General of Russia appealed to the Supreme Court with a cassation submission. It indicated that after returning the car was under the supervision of the owner for a long time, and the driver could not objectively prevent the children from getting into the cabin. In addition, according to the prosecutor's office, the link between the convicted person's behavior and subsequent events has not been properly proven.

The Supreme Court agreed with these arguments. According to his conclusion, the conclusion of a direct causal relationship between the actions (inaction) of the convict and the death of a minor lacks grounds, which means that his actions lack the corpus delicti. Sentence overturned, criminal case dismissed.