Выпуск 325. Пассажир вмешался в управление авто в критической ситуации

In episode 325, host Sofya Litvinova, attorney, and Nikita Aleksandrovich Kolokolov, Doctor of Law and Head of the Department of Judicial, Prosecutor-Investigative Activities at Moscow University named after A.S. Griboyedov, discussed his article, published in issue No. 6 of the Criminal Procedure journal for 2026: "A Passenger Intervened in a Critical Situation: Will the Reference to Extreme Necessity Work?" Specifically, the following issues were discussed: the concept of extreme necessity; the facts of the case; situation analysis and qualification of actions; fatal road accidents - legal consequences; and other issues. 00:01:02 The Concept of Extreme Necessity • Discussion of the institution of extreme necessity in criminal proceedings. • Reference to the ancient origins of the concept, particularly in Ancient Rome. • Protecting one's own or others' interests in extreme danger. 00:02:40 Two approaches to extreme necessity • The first approach: accepting fate if there is no way to prevent danger. • The second approach: the need to act to prevent danger, even if it harms other interests. 00:03:16 Example with a MiG-23 aircraft • Description of the situation with a MiG-23 aircraft, which continued to fly after the pilot ejected. • Consequences for passengers and the public in the event of an aircraft crash. 00:04:51 A real-life situation with a car • The driver lost consciousness, the passenger took his foot off the gas pedal and turned the steering wheel. • Danger arises when the driver loses consciousness. • Accident with injured pedestrian and passenger. 00:07:21 Situation analysis • Description of road conditions and the passenger's actions. • Crash into a guardrail and the death of a passenger in the back seat. • Defense position on extreme necessity. 00:10:14 Problems with qualifying actions • Difficulties in qualifying the passenger's actions. • The prosecution does not take into account all the circumstances of the situation. • Incompleteness of the preliminary investigation. 00:13:47 Remand of the case for further investigation • Motion to remand the case for further investigation. • The prosecutor's office did not file an appeal. • The case remains with the prosecutor for further consideration.