Causing harm through negligence resulting in death. Causing grievous bodily harm

According to statistics, every tenth death of a citizen is caused by careless actions. Despite the unintentional nature of the described violation, relevant legislation provides for it appropriate punishment. The rules by which such actions are qualified and what punishment is provided for this will be described below.

Article 109 of the Criminal Code of the Russian Federation - causing death by negligence

This disposition contains 3 parts, each of which provides for certain circumstances:

• The first part is “simple” causing death, when negligence occurred at the domestic level.
• The second part regulates cases where death is caused by careless actions that violate professional duties or instructions. If a person dies as a result of improper execution of an instruction, this will be considered a qualifying characteristic, and accordingly the punishment will be more severe.
• The third part also provides qualifying criteria, but it concerns the number of victims - two or more.

By this basis the person is punished to the maximum possible extent.

Causing death by negligence - corpus delicti

The crime described consists of 4 parts. Experts often face the problem of determining its subjective side. In accordance with legislative dispositions, criminal intent in in this case is excluded automatically, otherwise it will no longer be careless causing death, but intentional.

But traditionally it is customary to distinguish the following composition:

• object – in this case it is the life of an individual;
• objective side– careless actions that cause damage mortal harm to the victim;
• subject – a citizen who has reached the age of 16;
• subjective side– mandatory absence of criminal intent.

The act must be accidental and the subject must not intend or even contemplate causing the death of the victim. That is why in this category it is relatively mild punishment. In some cases, the punishment may even be limited correctional labor.

Term for murder by negligence article of the Criminal Code of the Russian Federation

In case of everyday look(part one) provides for punishment - restriction or deprivation of 2 fixed years. If the actions are related to a violation service instructions, then the same types of punishment will increase by 3 summer term. For the most severe part, when several people die as a result of careless actions, the punishment will be maximum - 4 years in prison.

Punishment for causing death by negligence in an accident

In this case, the qualifying feature without a statute of limitations will be the state of alcohol or any drug intoxication. In this case, the punishment, depending on the number of victims, will be 4-9 years in prison. Maximum term(9 years) is provided for in cases where death is caused to more than two citizens. It is especially worth emphasizing that in each case a traffic violation must be recorded.

As for cases where the motorist was sober, causing the death of one person is punishable by up to 2 years in prison. If more than 2 or more are injured individuals, then the punishment can reach 6 years of imprisonment, with simultaneous deprivation of the right to drive a vehicle for fixed term at 2 years old.

Negligence resulting in the death of a person through negligence - examples

For more clear explanation Several examples can be given. If the team leader at the enterprise did not properly check the serviceability of the equipment, as a result of which people died, this is typical example negligence, which amounts to independent crime. As for causing death, the most common case is in result of an accident. At the everyday level, it can take place in almost any area: when mishandling With firearms, in case of violation of safety regulations at construction sites. For example, the man from the balcony own home threw away an object without the intent to kill anyone. But the object fell on his head, which subsequently died. This is exactly what was discussed in the article.

They can be punished for it to the highest degree- imprisoned for life or sent to death.

However, a person's death may occur due to various reasons- both intentionally and through negligence. Criminal law separates these concepts and establishes different penalties.

What punishment does a criminal face for negligent homicide? We will describe below what signs characterize this act.

What does causing death by negligence mean?

First of all, don't confuse this concept with accidental loss of life.

If a person dies as a result random actions, no punishment will be imposed for his death. The perpetrator did not and could not foresee their consequences.

Criminal liability occurs when a citizen foresaw or should have foreseen the consequences of his act. At the same time, he hoped that they could be avoided.

Causing death by negligence is the action of a criminal who, through thoughtlessness or negligence, leads to the death of another person.

Causes and Effects

Failure to commit murder by negligence criminal liability By .

The basis for initiating a case is the death of a person. It does not matter when he died - at the moment of committing illegal actions or inactivity, or after an extended period of time.

To prove guilt it is necessary to establish:

• a cause-and-effect relationship between the actions or inaction of the perpetrator and the death of the citizen;
• presence of direct or indirect intent for deprivation of life. If there is one, punishment will follow for murder;
• form of negligence - frivolity or negligence.

To impose punishment under Art. 109 of the Criminal Code of the Russian Federation, the cause and time of death does not matter.

To determine cause-and-effect relationship, prescribe forensic medical examination. The specialist finds out the exact causes of death and gives his opinion on what exactly led to the death. Expert opinion will be the main evidence in a criminal case.

The punishment will be much more severe if:

• failure to comply led to death professional responsibilities imposed on the accused;
• two or more people died.

If at the time of the commission of the crime the perpetrator was performing his duties, the investigator will check the composition official powers and the requirements of various regulations. He will carefully study the instructions for the employee to identify any inconsistencies with what happened.

To bring the perpetrator to justice, it is necessary to prove the existence of a direct connection between his actions and the death of a person.

Characteristic signs of a crime

Every crime has a set mandatory features to be determined by the court in order to impose punishment.

With regard to causing death by negligence, they are:

1. an object - human life. The victim can be of any age;
2. objective side - actions or inaction of the perpetrator that led to death;
3. subject - a sane person aged 16 years;
4. subjective side - negligence, which is expressed in the form of frivolity or negligence.

With frivolity, a person understands the consequences of his actions, but believes that they can be avoided.

In case of negligence, the perpetrator does not foresee a dangerous outcome, although with due care and forethought he could have done so.

If death occurred as a result of the frivolity or negligence of the perpetrator, it is causing death by negligence.

Liability measures under Art. 109 of the Criminal Code of the Russian Federation

The culprit faces one of next sanctions-, restriction of freedom or imprisonment for 2 years.

If death occurs due to a citizen’s failure to fulfill his professional duties, he may be sentenced to:

• restriction of freedom for up to 3 years;
• up to 3 years;
• imprisonment for a similar period.

Additionally, restrictions may be placed on the right to occupy certain positions for up to 3 years.

If two or more people were victims, the prison term increases to 4 years.

When determining sanctions, the court does not take into account the age of the victims.

Punishment for causing the death of a child through negligence

If the victim is a minor, the sanction under Art. 109 of the Criminal Code of the Russian Federation this will not affect. In this case, age is not an aggravating factor.

The child's parents are recognized as victims. They can seek compensation for damages through the courts.

Statute of limitations for causing death by negligence

Not all citizens immediately contact the police after a tragedy has occurred with their relatives. Remember that it can take several years after the crime to bring the perpetrator to justice.

For causing death by negligence, this period will be:

• for parts 1 and 2 - two years;
• for part 3 - six years.

It is calculated not from the date of death, but from the moment of commission criminal acts or inaction.

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 hold certain positions or engage in certain activities for a term 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. From the objective side, causing death by negligence consists of an action or inaction that is the cause of 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.

Murder by negligence is enough complex crime, the fact of which is very difficult to prove. There is a separate article of the Criminal Code for it - Article 109, which reads “Causing death by negligence.” What are the features of the crime and responsibility for it, we will consider further.

Corpus delicti

Murder by negligence is considered under Article 109 of the Criminal Code of the Russian Federation. The crime is as follows:

• the object is the article under which the crime occurs, that is, 109 of the Criminal Code of the Russian Federation;
• the subject is the accused;
• the objective side is the descriptions of events, which are genuine and unbiased;
• the subjective side is how the accused relates to the crime committed.

It is important to note that only persons over 16 years of age can apply under this article.

Signs of murder by negligence

In order for a murder case to proceed under Article 109, it is necessary to prove the unintentionality of the crime. WITH distinctive features Such an act can be found below:

• The criminal does not have a motive for killing in relation to his victim, that is, the murder occurred by accident, for example, during a hunt, when the shot was unintentionally fired towards a person and not an animal. If a motive is nevertheless discovered, then the court will already work under Article 105 of the Criminal Code of the Russian Federation - murder.
• At the time the crime was committed, the defendant did not expect that his actions would lead to murder. However, it is important to understand that if the death occurs after the offender has violated some rights, e.g. traffic or fire safety, then the murder will not be considered unintentional.

Forensic studies have shown that murder by negligence, as a rule, is carried out in everyday life when unsorted gas or electrical equipment is installed in apartments.

Liability for manslaughter

The structure of Article 109 of the Criminal Code of the Russian Federation includes 3 parts that regulate the level of responsibility in accordance with certain circumstances of the incident. The law reflects all possible circumstances of causing death by negligence. What they can be, and what awaits the defendant, let’s look further:

1. Causing death if a person fulfills his job responsibilities inappropriately. As a rule, the basis for committing such a crime is considered to be negligence, which, however, also implies carelessness. Responsibility in this situation may include:

• imprisonment or restriction of freedom for a period of no more than 3 years;
• forced labor for a period of no more than 3 years.

Also, the punishment may be accompanied by deprivation of the right to perform certain varieties activities for a period of up to 3 years.

2. Causing death due to negligence to two or more persons. In such a situation, the maximum possible deadline punishment increases to 4 years. However, the types of punishment remain the same - restriction or imprisonment, as well as forced labor. Punishment may be accompanied by deprivation of the right to hold certain positions for a period of about 4 years.

3. In circumstances where none of the options fit the crime, a more lenient punishment is assigned, as provided for most cases. The maximum sentence in this case is 2 years. Types of liability – deprivation, restriction of freedoms or forced labor.

The level of responsibility is determined by the court in accordance with individual circumstances a separate case. For example, aggravating circumstances may include homicide by negligence while intoxicated. So, if without it a person could be punished with correctional labor, then if he is intoxicated, he will most likely be punished with imprisonment.

Features of the crime

The features of the crime include the following:

• Most often, a crime occurs due to negligence or frivolity on the part of the accused. These phenomena in themselves are not intentional.
• Usually, litigation last for a very long time. The main task of the court is to confirm or deny the presence of motivation in the murder. To do this, multiple pieces of evidence are collected, as well as details and features of what happened.
• According to statistics, the largest part Crimes under Article 109 occur during domestic quarrels and conflicts.
• Let us note that Article 109 is often confused with Article 111. The latter is applied in situations where the accused committed unintentional actions, causing harm to the health of the victim, and these actions subsequently caused death.

This crime is regulated Article 111, paragraph 4 of the Criminal Code of the Russian Federation.

Article 111. Intentional infliction grievous harm health
Point 4

Acts, provided for in parts first, second or third of this article which through negligence resulted in the death of the victim, are punishable by imprisonment for a term of up to fifteen years, with or without restriction of freedom for a term of up to two years.

Statistics

Courts general jurisdiction In the Russian Federation, 9,211 people were convicted in the first six months of 2015.

Corpus delicti

Corpus delicti: subject, subjective side, objective side and object.

1. Subject– a citizen who has reached the age of 14.
2. Subjective side– intentional or unintentional infliction of damage, i.e. intent.
3. An object– life and health of the victim.
4. Objective side consists of three parts:
   • harming the victim;
   • treatment of consequences;
   • comparison of the caused health problems with the actions of the offender.

Characteristic

Serious harm to health is characterized by qualifying criteria.

Qualifying features - a number of reasons why criminal person may aggravate the punishment.

Qualifying features:

What responsibilities are provided?

Problems of delimitation

Main The problem is to determine whether the death was intentional or due to negligence. In the first case, liability arises under Article 105 of the Criminal Code of the Russian Federation, i.e. murder, in the second case under Article 111, paragraph 4. Here The main criterion for delimitation will be the evidence provided. In addition, there are such options.