Abstract

The commented decision is of special practical importance. It points to the need for a thorough legal assessment of the victim’s behaviour, which was far from being a standard one and differed from the behaviours of other road users. It suggests carrying out in-depth evidentiary proceedings and its legal assessment not only as regards formal violation of certain rules or specific provisions of the Traffic Code by the defendant, but also the possibilities and duties of predicting the victim’s behaviour, including the danger they induced in the area of the accident. In such cases, given the complexity of behaviours of the participants in the upcoming accident. the concept of objective attribution of the effect cannot be treated as universal as it may lead to automation of criminal liability of the defendant by making his responsible for doing the impossible.