Criminal negligence is committed by persons who, on duty, carried out activities inattentively with adverse consequences. In criminal law, Article 26 of the Criminal Code of the Russian Federation emphasizes that such acts are a form of guilt. The classification depends on the prediction of the participant in the incident, to what result his criminal negligence will lead. This criterion distinguishes a crime from various types of guilt, when the perpetrator could not even suspect that his actions are dangerous to society.
Negligent Actions
Criminal negligence is one of the less common phenomena of criminal law compared to intentional crimes. Careless guilt is determined on the basis of a person’s attitude to his own misconduct that created dangerous consequences. Although there is a reservation in the legal act, the person involved should have foreseen an unseemly result if he treated his duties carefully and prudently. The legislator divided the guilt, acquired through negligence, into 2 types, singled out criminal negligence in another category from similar ones and, at the same time, differing in the criteria for actions performed with frivolity.
Two wines of the same direction
A person with reckless misconduct can be charged immediately with 2 wrongful acts or one in which the lawyers saw distinctive features. Criminal frivolity and criminal negligence have separate characteristic features. To distinguish one guilt from another will help the specificity of human relations, which combines a similar socio-psychological content of the elements. In each case, the following occurs:
- implementation of work processes;
- during production inattention is noticed;
- failure to comply with the obligations assigned to the post;
- violation of caution.
Citizens at the time of the incident have objective and subjective prerequisites in order to have due diligence to do the work. Awareness of public danger from the ways of fulfilling duties and the possibilities to prevent them leads to the level of sentencing. Guilt in two guises in the form of frivolity and negligence has differences in some respects.
Frivolous crime
To understand criminal negligence, the Criminal Code clearly describes this guilt, you need to know the specifics of frivolous misconduct. Citizens commit deliberately dangerous acts, know what will happen, but continue to act. They had the opinion that the danger would pass by or that the offender could correct the consequences. But everything runs counter to preliminary calculations, which are unfounded, therefore, dangerous results for others occur.
Frivolous misconduct has similarities to intentional and indirect criminal acts. Although the content reduces the degree of guilt from the uncertainty of anticipating the consequences. Therefore, frivolous people do the job, hoping for "maybe." The volitional content of this guilt also has distinctive features from indirect intent. Deliberate crime is committed with indifference. People do not care what it leads to. Frivolity is carried out with the hope that nothing will happen or that danger will be averted in time.
Specific traits
The criteria of criminal negligence eloquently describe the onset of guilt. A citizen performs his duties inappropriately, but does not know that they are dangerous to society. Persons carry out their activities carelessly, while it is not aimed at harming the interests that are protected by criminal law. People can be aware of what they do when they break the precaution, but they don’t imagine what kind of threat they pose to others. Perhaps such citizens do not even know that their work is fraught with violations, and you need to comply with the rules established at the factory. Nevertheless, negligence refers to a volitional act. A person chooses how to behave, where prudence is one of the important points, non-compliance with the rules can lead to the commission of a criminal act.
Arbitrage practice
Examples of judicial practice will show criminal negligence with unfavorable evidence and its adverse consequences. Instead of the prescribed drug, the medical worker supplies the patient with a medicine that caused an allergic reaction in the body. The patient suffocated from a spasm and could not be saved. The serviceman was cleaning a gun, he had not previously checked it. There was a cartridge in the barrel, a shot occurred that hit another person. During the criminal negligence, the guilty persons did not show prudence, inattentively reacted to their duties, which brought disaster to other people.
An example of innocence
Each crime, legal scholars dismantled into small elements, gave them characteristics. Criminal negligence and innocent harm have also been studied in detail. The Criminal Code of the Russian Federation speaks about these cases in article 28. The law provides for the commission of formal actions. Citizen Sidorov, a construction materials watchman, was convicted of a reckless murder. With the onset of twilight, he left the gatehouse, decided to smoke near the roadway and imprudently threw off the match. The fire fell into an empty barrel, where once there was gasoline. Hazardous vapors accumulated inside and the tank exploded due to heating. Parts flew off, hitting a temple passing by a resident of the village. The court concluded that the accident occurred near a construction site. The watchman could not foresee the danger and did not even know that someone had thrown a barrel near the road.
Guilt criteria
Any criminal act has a subjective and objective side with the presence of certain signs. An objective criterion for a careless attitude to work is the employee’s duties, he must imagine what comes from his actions. The subjective side is its possible foresight. The measure of an objective parameter is the ability of average people: if he is able to know that trouble will happen, then this should be known to everyone. The concept includes prudence for persons who engage in certain activities and due care shown to every citizen in society. When considering the subjective criterion, determine:
- the capabilities of a particular person;
- his personal qualities;
- business qualifications;
- surroundings.
An assessment of the conditions under which the act was committed is necessary in order to identify the possibilities of the perpetrator in preventing dangerous consequences. For qualification, a subjective criterion is important; a decision is made on this basis.
Cases of innocence
The Criminal Code of the Russian Federation in part 2 in article 28 enshrined another form of causing harm to people without fault of the direct participants. There are characteristic signs that prevent people from having a full understanding of the threat and consequences from preventing the danger. The reasons belong to the qualities of a person, his condition:
- psychophysiological;
- nervous overload;
- extreme conditions.
Situations indicate cases when a person is not physically able to prevent an accident due to defects in the car in which he is not guilty. The reason is a factory defect discovered or damage to mechanisms by third parties. The actions of specialists are recognized as innocent if they could not prevent trouble during overloading the body. Such examples were observed among pilots, drivers of electric locomotives.