Causing death by negligence - Commentary on the Criminal...

Causing death by negligence

1. Causing death through negligence -

punishable by correctional labor for up to two years, or by restraint of liberty for up to two years, or by forced labor for up to two years, or by imprisonment for the same period. (in the amended version of Federal Law No. 420-FZ of 07.12.2011).

2. Causing death by negligence as a result of improper performance by a person of their professional duties is punishable by restriction of freedom for up to three years, or by forced labor for a period of 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, freedom for the same period with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it (in the edition of the Federal it from 07.12.2011 № 420-FL) ( ed in the second part. Federal Law of 08.12.2003 № 162-FL).

3. Causing death by negligence on two or more persons is punishable by restraint of liberty for a term of up to four years, or by forced labor for a period of up to four years, or by imprisonment for the same period, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it (as amended by Federal Law No. 277-FZ of December 27, 2009, No. 420-FZ of December 7, 2011) (part three was introduced by Federal Law No. 162-FZ of 08.12.2003).

1. The object of the crime is the life of a person, as in a murder (Articles 105 - 108 of the Criminal Code). However, causing death by negligence under the Criminal Code is not considered murder. The use of a broader concept in the article under review makes it possible to freely operate this norm in cases of imprudent deprivation of life of the victim in the process of guilty conduct of professional activity in violation of any safety rules (if there is no special rule in the Criminal Code).

2. Causing death by negligence is possible both in frivolity and in negligence. Causing death by negligence should be distinguished from the innocent cause of death, when a person: a) did not foresee the possibility of the death of the victim from his actions (inaction) and, according to the circumstances of the case, should not or could not foresee them; b) although it foresaw the possibility of causing death, but could not prevent it because of incompatibility of its psychophysical qualities with the requirements of extreme conditions or neuro-psychological overload.

The conclusion about whether the death was careless or accidental should be based on a careful analysis of the person's actions and the whole situation.

3. Causing death by imprudence must also be separated from premeditated murder. Particular difficulties arise in judicial practice when delineating the murder by indirect intent from causing death by frivolity. And in both cases, the perpetrator anticipates the possibility of the death of the victim as a result of his actions. In either case, he does not want the outcome of such a result, does not seek it. But with indirect intent, the perpetrator deliberately allows the onset of death, often refers to it indifferently, does not take any actions aimed at preventing such a result. In case of negligence in the form of frivolity (in the terminology of the Criminal Code of the RSFSR - criminal arrogance), the perpetrator does not relate to the death of the victim indifferently, he counts on his own strength, skill, agility, professional skill, that as a result of measures taken by him or as a result of actions by others or any other specific factors will be able to avoid death. However, due to the fact that the perpetrator in these cases does not exercise due diligence, does not sufficiently consider his abilities or the capabilities of others, a fatal result does occur.

4. The article under review provides for the qualifying features of the crime in question: causing death by negligence as a result of improper performance by a person of their professional duties (Part 2); causing death by negligence to two or more persons (Part 3).

In the first case, the responsibility rises, since the object of the crime is not only the life of the person, but also social relations in the sphere of the performance of the person's professional duties. It is also important that the guilty person has professional training, knowledge of special security rules. This rule does not apply if the death penalty for negligence as a result of violation of special rules is provided for in other articles of the Criminal Code (for example, articles 215, 2151, 216, 217, 219, 235, 238, 247, 248, 250-252, 263, 264, 266 and others). According to part 2 of the commented article, medical workers, educators of children's institutions and other persons who caused death by negligence due to improper performance of their professional duties may be brought to responsibility.

Causing death by negligence on two or more persons also aggravates responsibility in the face of more serious consequences.

5. A person who has reached the age of 16 (according to the Criminal Code of the RSFSR - 14 years) can be the subject of an inadvertent infliction of death on the Criminal Code.

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