Is it possible to exempt a person from criminal liability after a traffic accident if the offender reconciled with the victim – the position of the Joint Chamber of the Criminal Cassation Court of the Supreme Court
To apply the institution of exemption from criminal liability due to reconciliation of the offender with the victim, it is necessary to establish only those conditions and grounds directly specified in Article 46 of the Criminal Code of Ukraine. Establishing other additional requirements as a prerequisite for applying the provisions of this article is incorrect.
Such conclusions were reached by the Joint Chamber of the Criminal Cassation Court of the Supreme Court following the consideration of case No. 629/612/25.
In this criminal proceeding, the courts of previous instances found the accused guilty and sentenced him under Part 1 of Article 286 of the Criminal Code of Ukraine. In the cassation appeal, the defense lawyer argued that the criminal proceeding should have been closed under Article 46 of the Criminal Code of Ukraine, since the accused reconciled with the victim and compensated for the damages.
Assessing these cassation claims, the Joint Chamber of the Criminal Cassation Court of the Supreme Court indicated that the criminal offense provided for in Part 1 of Article 286 of the Criminal Code of Ukraine belongs to the so-called dual-object offenses – where harm is caused both to the private interests of an individual and to public interests. Article 46 of the Criminal Code of Ukraine does not specify the impossibility of applying its provisions in the case of committing "dual-object" criminal offenses.
To exempt a person from criminal liability due to reconciliation with the victim, an exhaustive list of conditions and grounds is required. Thus, in the resolution of the Joint Chamber of the Supreme Court dated January 16, 2019 (case No. 439/397/17), it was stated that Article 46 of the Criminal Code of Ukraine provides mandatory conditions (prerequisites) and grounds for exemption from criminal liability due to reconciliation of the offender with the victim: 1) condition – commission by a person for the first time of a criminal offense or negligent minor crime, except for corruption-related criminal offenses; commission of violations of traffic safety rules or operation of transport by persons who drove vehicles under the influence of alcohol, drugs, or other intoxication or were under the influence of medicinal products that reduce attention and reaction speed; 2) ground – reconciliation of the offender with the victim and compensation for the damages caused or elimination of the harm inflicted. Adding any other conditions or grounds to these is unacceptable, as it would limit the possibility of applying the institution of exemption from criminal liability due to reconciliation compared to the legislative provisions.
Resolution of the Grand Chamber of the Criminal Cassation Court of the Supreme Court dated June 1, 2026, in case No. 629/612/25 (proceeding No. 51-4265kmo25).
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