Criminal responsibility is for the commission of the most serious offenses, called crimes , and therefore is the most severe type of legal responsibility, consisting in depriving or restricting the rights and freedoms of persons guilty of committing crimes. The criminal liability arises if the act caused by negligence the infliction of serious and moderate severity of damage to human health, as well as the death of a person or other serious consequences in case of accidents, fires, etc.
The criminal responsibility of officials of enterprises (organizations) comes when there is a crime in their deed (action or inaction).
An exhaustive list of crimes is recorded in the US Criminal Code. The procedure for bringing to criminal responsibility is regulated by the USCCP.
In accordance with Art. 143 of the Criminal Code of the United States of America violation of labor protection rules committed by a person who is responsible for compliance with these rules, if this resulted in negligence causing serious harm to human health, is punishable by a fine of up to 200 thousand rubles. or in the amount of the salary or other income of the convicted person for a period of up to 18 months, or correctional labor for up to two years, or imprisonment for up to one year. The same act, which resulted in the death of a person through negligence, is punished with imprisonment for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
In addition to art. 143 of the US Criminal Code contains other articles that do not directly talk about labor protection, but are indirectly related to it.
In Art. 15 of the US Criminal Code establishes categories of crimes , depending on the nature and degree of public danger of the act provided for by this Code:
- crimes of small gravity are committed intentional and reckless acts, for which the maximum penalty does not exceed two years imprisonment;
- crimes of medium gravity are premeditated and reckless acts for which the maximum penalty does not exceed five years of imprisonment;
- grave crimes are committed intentional and reckless acts for which the maximum penalty does not exceed 10 years imprisonment;
- especially serious crimes are recognized intentional acts for which the penalty is provided in the form of imprisonment for more than 10 years or more severe punishment.
In the sphere of violation of labor protection and safe work requirements, the acts provided for in the articles of the Criminal Code of the United States refer to crimes of medium gravity (articles 143, 216, 218, 219, 236, 237) and serious crimes (articles 215, 217 , 220, 247, 266, 269), and only Art. 145 of the US Criminal Code contains an act relating to crimes of minor gravity. In accordance with the articles of the Criminal Code of the United States, responsibility occurs if the act entailed or could entail consequences in the form:
- causing serious or moderate harm to human health;
- a massive disease or poisoning people
- creating a threat of causing significant harm to human health or the environment (radioactive contamination of the environment);
- the death of a person;
- death of two or more persons;
- Other grave consequences.
For the commission of crimes in the field of labor protection in the framework of the above articles of the United States Criminal Code, the following types of punishment:
- fine in the appropriate amount;
- deprivation of the right to hold certain positions or engage in certain activities for up to three years;
- compulsory work (that is, the performance in free time of free public benefit works) for a period of 120 to 180 hours;
- correctional labor (served at the place of work of the convict) for a period of up to two years;
- restriction of freedom (keeping a convict in a special institution without isolation from the company in the conditions of exercising supervision over him) for up to five years;
- arrest for a period of three to six months;
- imprisonment for a term of two to 10 years.
So, according to Art. 237 of the United States Criminal Code the concealment or distortion of information about events, facts or phenomena posing a threat to life or health of people or to the environment committed by a person responsible for providing the public with such information is punishable by a fine of up to 300 thousand rubles. or in the amount of the salary or other income of the convicted person for a period of up to two years, or imprisonment for up to two years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
The same actions, if committed by a person holding public office of the United States or a public office of a US subject, or head of a local government body, or if as a result of such acts a person's health is harmed or other grave consequences occur, is punishable by a fine in the amount of from 100 thousand to 500 thousand rubles. or in the amount of the salary or other income of the convicted person for a period of from one to three years, or imprisonment for up to five years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.
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