Careless infliction of grievous bodily harm resulting in death. The difference between intentional infliction of grievous bodily harm, resulting in the death of the victim through negligence, from murder

In accordance with the current regulations in the territory Russian Federation Currently, by law, such a concept as “causing death by negligence” implies some kind of specific action(or, conversely, the absence necessary action), which objectively became cause of death or the death of another person.

Thus, main difference Not intentional causing of death from premeditated murder , is lack of motive and intentions.

However, one should not confuse concepts such as “causing death by negligence” and “accidentally causing death.”

Last thing does not provide absolutely nothing criminal liability And exclusively applicable in the following situations:

• when the face is foresaw probability of causing death, took a number of measures to prevent this, but due to reasons or circumstances beyond his control, death still occurred;
• when face didn't expect and in principle could not somehow foresee the onset of death.

Kinds

The object of causing death by negligence is the right to live every single person.

The objective side of the crime can be expressed in action or inaction that leads to the death of the victim.

This type crimes may be committed:

• by criminal frivolity;
• by criminal negligence.

In the first case, the person who is responsible for the death or death of a person foresaw likely consequences their own actions(or inaction), but in a presumptuous manner believed them to avoid.

In the second case, the face didn't foresee possible consequences of their actions (or inactions), although with a certain degree of care, it is imperative could have foreseen them.

According to Part 1 of Article 109 of the Criminal Code of the Russian Federation, liability for causing death by negligence may arise in such cases as:

In the second part of the article, Article 109 of the Criminal Code of the Russian Federation provided increasing the level of responsibility in cases of deprivation of life by negligence, if we're talking about about improper performance professional responsibilities the subject of a crime or if rash actions resulted in death Not one, and two and more persons.

For a crime to be classified according to Part 2 of Article 109 of the Criminal Code of the Russian Federation, it must be established which specific professional responsibilities were violated the guilty party, and which of them caused the death of the injured party.

In this case, the subject of the crime will be any person has reached the age of sixteen received in the process of receiving additional education a certain profession and performing certain functions within its framework.

Intentional infliction of grievous bodily harm followed by death

Inflicting death by negligence in a close manner connected and such a crime as deliberate health.

This applies to cases where the first turns out to be a consequence of the second.

According to the Criminal Code of the Russian Federation, intentional causing serious harm to the health of the victim, resulting in death due to negligence, is classified as special kind crimes.

The object of the crime in in this case are human health and life. As for the subject of the crime, he is somewhat more difficult to understand and identify.

This is due to the fact that in this case there are a kind of two separate acts:

• intentional causing grievous harm health;
• causing death by negligence.

Classification such a crime as intentional infliction of bodily harm causing death by negligence produced separately as from premeditated murder (because the perpetrator does not want fatal outcome), and causing harm through negligence (because there is intent to cause grievous harm to health).

What is the deadline?

Modern criminal legislation of our country provides for causing death by negligence, several more mild punishment than premeditated murder.

These may be (depending on the specific situation that resulted in the death of the victim):

In the last two cases to the guilty can additionally prohibit borrowing certain positions and do something specific type activities.

In our society there are must be fulfilled quite certain rules And precautionary measures, the improper execution of which indicates, first of all, that the person was duty of care breached.

Behind dereliction of duty, especially since they entailed such severe consequences, like the death of a person, responsibility must be borne by the guilty party without fail.

Why is this so? You will learn the reason for the individuality of conclusions by reading their characteristics:

• Minor injuries. Something that causes minor or short-term harm to health. For the most part these are bruises, abrasions, bruises. The characteristic of this category is that such damage “lasts” no more than one week. In other words, it heals completely in seven days.
• Moderate weight. The most popular category. It includes what cannot be called minor harm, but also severe damage. These are injuries that affect the victim (say, on his appearance), but do not affect his general, lifelong health. Or damage that affects a person’s condition or well-being long term. This includes fractures, serious burns, punctures and cut wounds that did not touch vitally important organs.
• Serious damage.

/ criminal law (special part) / 1

• Intentional infliction of grievous bodily harm, committed when exceeding the limits of necessary defense, is punishable by correctional labor for a term of up to one year, or by restriction of freedom for a term of up to one year, or forced labor for a term of up to one year, or imprisonment for the same term.
• Intentional infliction of serious or moderate severity harm to health committed when exceeding the measures necessary to detain a person who committed a crime - is punishable by correctional labor for a term of up to two years, or restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

In general, it is easy to distinguish the intentional infliction of grievous bodily harm resulting in death from any other types of crimes related to causing harm: in our case, everything ends in death.

Causing grievous bodily harm resulting in death

Criminal Code of the Russian Federation). Driving to suicide. The immediate object of the crime is human life. The objective side of the crime consists of driving a person to suicide or driving a person to attempt suicide.

Carelessness can be in the form of frivolity, when a person foresaw the possibility of a public dangerous consequences of his actions (inaction) in the form of the death of another person, but without sufficient grounds, he arrogantly counted on preventing these consequences, or negligence, if the person did not foresee the possibility of socially dangerous consequences of his actions (inaction) in the form of the death of another person, although if necessary care and foresight should and could have foreseen these consequences. Causing death as a result of frivolity is subject to differentiation from murder with indirect intent. Liability.

When death occurs as a result of the accidental actions of another person

of the Criminal Code of the Russian Federation, then if the defendant is found guilty, he will be punished for exactly the period specified in 111 of the Criminal Code of the Russian Federation, paragraph 4. Intentional infliction of grievous bodily harm Depending on the specific situation, they can be a way to protect the interests of the individual, society, state, for example, when necessary defense or detention of a person who committed a crime, etc.

Important

Criminal law The Russian Federation does not use the concept of “bodily injury”. However, this concept does not lose its full meaning and moreover, it is possible that it can be used again in legislation, as evidenced by judicial practice (which requires the establishment of a specific bodily injury) and the Rules forensic medical examination severity of harm to health, approved by order of the Ministry of Health of the Russian Federation of December 10, 1996 No. 407.

Intentional infliction of grievous bodily harm

Of these, 3,587 people were imprisoned for a certain period of time:

• 2 people were sentenced to a year in prison;
• 4 people from one to two years;
• 20 people from two to three years;
• 133 people from three to five years old;
• 1,514 people from five to eight years old;
• 1334 people from eight to ten years old;
• 560 people from 10 to 15 years old;
• 19 people from 15 to 20 years old;
• one person from 20 to 25 years old.

28 people were given conditional imprisonment, in 42 cases the criminals turned out to be unhealthy, they were sent for treatment, 11 people were acquitted, and 35 cases were dismissed for other reasons. Applied coercive measures in 233 cases, in relation to insane persons.
A fine of additional punishment 17 people were sentenced, 221 people had their freedom restricted, and three people were banned from holding certain positions.

That is, for example, a person who decides to cripple himself or unsuccessfully commit suicide will not be judged under Art. 115 of the Criminal Code.

• The action of a third party violating the law must necessarily be intentional.
• The harm caused to the victim by the offender must result in a short-term health disorder in order for the offender to be held accountable. This includes loss of ability to work for a period of at least 3 weeks.

  Or for a greater amount, but not exceeding 10% of the victim’s total working capacity.

• The crime must involve intentionality in the actions of the offender.
• The qualifications of such a crime necessarily determine the degree of complexity of the consequences for the victim. In this case, a medical examination.

Attention

Criminal Code of the Russian Federation – infliction of moderate harm to health, committed in a state of sudden strong emotional excitement(affect) caused by violence, bullying or grave insult on the part of the victim or other illegal or immoral actions (inaction) of the victim, as well as a long-term psychologically traumatic situation that arose in connection with the systematic illegal or immoral behavior of the victim. Subjective side crimes are characterized only by direct or indirect intent.

• Article 111.

It should be noted that intentional infliction of grievous bodily harm resulting in the death of the victim must be distinguished from murder. These crimes are external signs are the same, and when delimiting intentional grievous bodily harm resulting in the death of the victim, it is necessary to clarify the subjective attitude of the perpetrator to the actions.

It has been noted in the criminal legal literature for a considerable time that errors in classifying an act as causing grave bodily harm, resulting in death through negligence, and murders are caused by an incorrect understanding of the moment of death. So, A.A. Piontkovsky and V.D. Menshagin back in 1955

Among violent crimes against life and health, the most dangerous after qualified and “simple” murder is the intentional infliction of grievous bodily harm, resulting through negligence in the death of the victim (Part 4 of Article 111 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation)). This topic is one of current problems modern society- the problem of criminal violence.

Hundreds of thousands of people are victims of criminal violence every year. The Constitution of the Russian Federation proclaims that a person, his rights and freedoms are highest value. At the same time, the right of every person to life, personal integrity, protection of honor and good name of a person is specifically proclaimed. Article 2 of the Criminal Code of the Russian Federation, as one of the most important tasks, provides for the protection of the rights and freedoms of man and citizen from criminal attacks.

In criminal, administrative, civil law terms that have a specific interpretation are used everywhere. An example of this is minor bodily injury. What is this, how can I prove its application? What clause of the law regulates this offense? And also what kind of punishment is provided for it? We will consider these questions further. Bodily injury What is it? Bodily injury - causing damage physical condition citizen. But a lot goes into this. From a bruise, abrasion to a knife wound, a blow with a heavy object, which can lead to disability and even death of the victim. The fact of causing all bodily injuries to a citizen (light and severe) must be recorded! The presence of a supporting document will be fundamental for your application to the police, prosecutor's office, and judicial system.
The subject of the crime is a sane individual who has reached the age of 14. Responsibility for an act is differentiated using a number of qualifying circumstances: – in relation to two or more persons; – in relation to a person or his relatives in connection with the implementation by this person official activities or the performance of a public duty; - with special cruelty, mockery or torture for the victim, as well as in relation to a person who is known to the perpetrator to be in a helpless state; – a group of people, a group of people by prior agreement or organized group; - from hooligan motives; - based on national, racial, religious hatred or enmity. The objective side of Art.
This position deserves all attention and support, since it largely reflects the desire to protect human health, ensure the human right to physical (bodily) integrity, and ultimately, the safety of the health of citizens. Somewhat earlier, a similar point of view was expressed in the works of A.A. Piontkovsky. However, many critical comments have been made regarding this understanding of “bodily injury”. Also M.M. Grodzinsky wrote that “... the very possibility of the existence of such a bodily injury that would not be associated with a health disorder is doubtful, ... any bodily injury will always certainly be associated with a health disorder.” I.A. opposed the broad definition of the concept of bodily injury. Ismailov, D.S.

One type of crime against life and health is causing death by negligence. In its own way legal essence this type has distinctive features from other criminal acts of this category. The line between causing death intentionally and recklessly is very thin. Therefore, when investigating a crime, attention should be paid to the objective and subjective aspects, which allow the act to be correctly classified.

Causing death by negligence

Causing death by negligence is an action or inaction without intent that results in the death of another (or others) person.

Distinctive features of negligence from indirect intent:

Corpus delicti

Subject of the crime: a person over the age of 16, mentally competent, that is, capable of realizing and being responsible for his actions. Under the second part of Article 109 of the Criminal Code, prosecution is carried out special subject, that is, a person vested with certain professional responsibilities. Murder by negligence in this case is committed as a result of a person’s failure to fulfill duties, provided for by the agreement, regulations, rules, instructions, etc.

To prosecute a person guilty of negligent attitude towards his duties resulting in the death of a person, the following conditions must be met:

• the presence of rules and responsibilities that a person, in connection with his official position had to fulfill;
• familiarization with the rules against signature;
• ability to carry out instructions and responsibilities.

The subjective side is expressed in the form of carelessness or negligence. Criminal frivolity- this is a prediction of negative consequences, but an arrogant assumption that they will not occur. For example, a person begins to labor activity without certain qualifications (provides false documents), as a result of this another person dies.

Important: a crime is considered committed through negligence if the person does not foresee the occurrence of negative consequences, but when due diligence can foresee them. For example, a person throws out an unextinguished cigarette butt on the street, which ends up in a tank not with water (as the smoker thought), but with gasoline. The explosion kills one adult and a child.

Liability under Part 2 of Art. 109 of the Criminal Code is excluded in the following cases:

• The occurrence of death is not related to the performance of certain duties.
• Violation of the rules is associated with a state of extreme necessity.
• If execution certain rules and instructions were given arbitrarily, erroneously or forged documents. In this case, the crime is qualified under the first part of the article.

The object is public relations against whom the criminal act is directed. In a broad sense, the object includes human rights and freedoms, public safety and order, environment, constitutional order countries, peace and security of mankind, actions to prevent crimes.

The objective side is actions or inactions expressed in the form of a violation job responsibilities or rules developed in society that resulted in the death of a person. The corpus delicti is material, that is, the death of the victim must occur. Causality is also taken into account. For example, if the victim, as a result of the negligence of another person, was hospitalized with a concussion, but died from a progressive cancerous tumor, then the article on manslaughter does not apply in this case.

Qualification

The qualifying signs of unintentional murder are:

• Failure to fulfill professional duties, which led to death.
• The number of victims is from one to several people.

Important: if the consequences of criminal acts are similar, it is applied special article. For example, violation of rules at facilities nuclear energy qualified under Art. 215 of the Criminal Code, and not according to 109 of the Criminal Code of the Russian Federation.

Article

Unintentional murder committed through negligence is qualified under Art. 109 of the Criminal Code of the Russian Federation. Parts two and three of this article provide for qualifying compositions:

• Causing death as a result malpractice(part 2).
• Offensive negative consequences, expressed in the form of death of 2 or more persons (part 3).

Punishment for murder by negligence

For careless causing of death under the first part of Art. 109 of the Criminal Code are provided the following types punishments:

• correctional labor for up to 24 months;
• restriction of freedom up to 2 years;
• work coercive nature up to 24 months;
• imprisonment for up to 2 years.

In case of prosecution under the second part of Art. 109 CC:

• restriction of freedom up to 36 months;
• forced labor for up to 3 years with deprivation (or without) of the opportunity to work in a certain position for a period of up to 36 months;
• imprisonment for up to 3 years and the right to hold a certain position for the same period or without it.

The third part of Art. 109 CC:

• restriction of freedom up to 4 years;
• forced labor for up to 4 years;
• imprisonment for up to 4 years and the right to engage in certain activities for a period of up to 3 years or without it.

Problems of distinguishing unintentional murder from other crimes

Possible problems when qualifying a crime:

1. Determination of the motive of the perfect criminal act. Causing death by negligence is possible only through thoughtlessness or negligence. In all other cases, when there is intent (direct or indirect), the person cannot be held liable under Art. 109 of the Criminal Code of the Russian Federation. In case of imputation of Art. 105 of the Criminal Code, qualification changes to Art. 109 of the Criminal Code, if it is established that there is no intent to commit a crime.
2. Limitation of the composition of Art. 109 of the Criminal Code from Part 4 of Art. 111 of the Criminal Code of the Russian Federation. IN judicial practice beating without additional weapons (knife, stick, stone, etc.), resulting in death, is qualified under Article 111 of the Criminal Code. The occurrence of death is not covered by the intent of the perpetrator. Some legal practitioners hold a different point of view, believing that in certain situations There is still intent to cause death. This is clearly evidenced by the following facts:
   • the perpetrators exceed the victim in strength and number;
   • the presence of a disease in the deceased person that affects the general well-being if the criminals are aware of this;
   • beating of a person exhausted from preliminary torture;
   • the victim is a minor or a pensioner.

In such situations, the distinction is made as follows:

• Part 4 of Art. applies. 111 of the Criminal Code, if the intent is aimed only at causing bodily harm. For example, an ordinary fight between two drunk people.
• Art. applies. 109 of the Criminal Code, if the blow inflicted is single and light, but due to certain circumstances death occurs. For example, the perpetrator pushes away the victim, who falls on a pin and dies.
• Art. applies. 105 of the Criminal Code, if the blows are delivered purposefully to vital organs with the aim of depriving a person of life.
• Application of a special rule of law. For example, in the event of the death of a pedestrian in result of an accident Art. applies 264 of the Criminal Code of the Russian Federation.

Thus, prosecution for causing death by negligence is carried out under Art. 109 of the Criminal Code of the Russian Federation. Its distinctive feature is the lack of intent to commit the act, expressed in frivolity or negligence.

People often resort to using physical strength. Anger and the desire to punish the offender force one to attack him with fists. In principle, the criminal may have the same motives, use the same means or resort to the same methods as when deciding to kill him.

In this sense, the distinction between premeditated murder, negligent homicide and intentional infliction of a serious crime resulting in the death of the victim becomes quite difficult.

Features of the crime

Careless death, that is, one that was not planned or intended by the criminal, but occurred as a result of causing intentional grievous harm to the health of the victim, is devoted to Part 4 of Article 111 of the Criminal Code of the Russian Federation.

Composition and characteristics

Unlike other parts the said article The fourth part of the Criminal Code has a slightly different object: it is not only health, but also human life.

The issue of intent is particularly difficult. As follows from the text of Part 4, death occurs due to negligence, that is, without intent on the part of the criminal, while the serious harm caused to the health of the victim was caused by him completely intentionally. Therefore o this act talk about it like a crime double shape guilt.

When considering crimes falling under Part 4 of Article 111, the investigation and the court rely on all available materials on the case in order to correctly establish the presence and type of intent of the offender. Special attention focuses on the methods and means of causing injuries, the number of blows, and the relationship of the parties before the incident.

Alas, intentional infliction of harm resulting in death is not uncommon, but a frequent crime in the environment low-income citizens, which is what the following video will tell you about:

Punishment for intentionally causing grievous bodily harm resulting in death

• For damage resulting in death, liability begins at the age of 14, since its consequences are very serious.
• Depending on the presence of other qualifying features, an attacker convicted under Part 4 of Article 111 (deliberate infliction of bodily harm resulting in death) may be sentenced to a maximum of 15 years in prison.
• In some cases prison term supplemented by two years of restriction of freedom

The crime of causing grievous bodily harm resulting in death should be distinguished not only from, but also from others adjacent trains, which will be discussed below.

Related rules of law and cases from practice

The crime described in Part 4 of Article 111 is often confused with murder or causing death by negligence.

Article 105

If in case of a careless death that occurs as a result of intentional infliction of serious harm to the health of the victim, there are two forms of guilt: intent in relation to injuries and negligence in relation to death, then in case of one form of guilt - direct or indirect intent. In other words, the criminal wants to kill a person or does not exclude such a possibility.

Most often, it is possible to distinguish between these crimes only by analyzing the means used by the attacker and the entire course of events. Let's give an example.

Example. Citizen G. grappled with victim K. and during the fight repeatedly hit him on the head with a flashlight (!). The wounds turned out to be severe, so the next day K. died. G. did not have the goal of killing K. and did not suspect that hitting him with a lantern would lead to death, although he was aware of the fact of causing harm to health.

The court brought G.'s actions under Part 4 of Article 111. In this case, the means of murder is indicative (this is not special weapon, but an object that came to hand).

Article 109

It is no less difficult to distinguish between the result of intentionally inflicted injuries and death caused by negligence.

In both cases, the offender does not want the victim to die. But, if the act classified by Article 111 refers to intentional infliction harm, then Article 109 does not provide for intent at all.

New edition of Art. 109 of the Criminal Code of the Russian Federation

1. Causing death by negligence -

shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

2. Causing death by negligence due to improper performance by a person of his professional duties -

is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to occupy certain positions, or engage in certain activities for a period of up to three years or without it.

3. Causing death by negligence to two or more persons -

shall be punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary on Article 109 of the Criminal Code of the Russian Federation

1. Unlike the Criminal Code of the Russian Federation of the RSFSR, in the current Criminal Code of the Russian Federation, careless deprivation of life is not called murder. In addition, the criminal code for this crime is differentiated - parts 2 and 3 have been introduced.

2. Object criminal offense- human life. The victim here can be any person.

3. C objective side causing death by negligence consists of an action or inaction that causes the result, and the result itself - the death of a person. The culprit violates established rules behavior in everyday life, at work, etc., which in a particular case leads to the death of the victim. For example, it is produced unauthorized connection faulty gas appliances in the apartment, resulting in an explosion resulting in the death of one or more residents of the apartment or house.

4. Material elements of the crime. The crime is considered completed from the moment the consequences occur (the death of the victim). In addition to the fact of violation generally accepted rules precautions by the person and the occurrence of death, it is necessary to establish a cause-and-effect relationship between these phenomena.

5. Subjective side - negligence in the form of causing death through thoughtlessness or negligence: guilty person, violating the rules of precaution, foresaw the possibility of the death of the victim, but without sufficient grounds for this, arrogantly counted on preventing such a result (frivolity) or did not foresee the possibility of this from his actions (inaction) fatal outcome, although with the necessary care and foresight it should and could have foreseen this (negligence). If a person should not or could not have foreseen the death of the victim as a result of his behavior, the CR is excluded due to innocent cause harm (Article 28).

6. In a number of articles of the Special Part of the Criminal Code of the Russian Federation, causing death by negligence is also a sign of a crime (Articles 123, 167, 218, 224, etc.). In such cases, life is not the main thing, as in the commentary. article, but an additional (sole or alternative) object, and there are other actions that violate the main object.

7. The signs that differentiate liability in part 2 are the improper performance by a person of his professional duties, and in part 3 - causing death by negligence to two or more persons.

8. Under improper execution guilty of professional duties is understood as the behavior of a person that does not fully or partially comply with official regulations, requirements imposed on him when performing professional functions (medical or pharmaceutical worker, electrician, crane operator, etc.).

9. Since in the Criminal Code of the Russian Federation there is special norm, which provides for legal punishment for causing death due to improper performance of professional duties by a person, then this norm is subject to application (Articles 124, 143, 216, 217, etc.), and not Art. 109.

10. The subject of a criminal offense is a sane individual who has reached 16 years of age.

11. The acts described in parts 1 and 2 of the comment. articles fall into the category of crimes of medium gravity.

Another comment on Art. 109 of the Criminal Code of the Russian Federation

1. The crime under analysis differs from murder only in the form of guilt.

2. Improper performance of professional duties by the perpetrator means behavior of a person that is completely or partially inconsistent official requirements or requirements imposed on a person.