The main value of society, which is actively defended by the state, is human life and health. That is why in the structure of the criminal legislation of Russia there are several elements of crimes that encroach on a person’s life. Even murder appears in the Criminal Code of the Russian Federation in several varieties, depending on the intent, additional signs. A vivid example is negligent homicide, which stands out in accordance with the form of intent. It is worth analyzing this corpus delicti in more detail, because it deserves special attention.
Basic concepts
Under the murder refers to the deprivation of life of one person (called the victim) by another person (criminal). Article 105 implies the deprivation of a person’s life with intent, when the offender wanted this and waited. Article 109 of the Criminal Code refers to the careless deprivation of life:
- Negligence is the opposite form of guilt, which in turn is divided into two more types. Negligence happens in the form of frivolity and negligence. The first is understood as the situation when a person foresaw the probability of occurrence of consequences as a result of his activity, but arrogantly believed that he would overcome them. By negligence is meant a situation where a person did not realize that harmful consequences could occur, but with sufficient care, he should be aware of this.
- Assassination by negligence can be, like the very form of guilt of two kinds: with carelessness or frivolity. Determining the specific form of guilt is carried out by the investigator.
The main signs of a crime
Such a phenomenon as killing by negligence, has a number of signs by which it can be distinguished from classical murder. These include:
- The main symptom is the lack of intent and intention of the perpetrator to kill a person.
- The frivolity of the offender, which manifests itself in the fact that he did not understand that he could cause death through his actions, although he should have been aware of this.
- Between the actions of the person who committed the crime, and the consequences should be a causal relationship that will combine these phenomena.
- Causing death by negligence as a result of violation of instructions and provisions of fire safety, rules of conduct at explosive objects is not recognized as killing by negligence. Such cases form completely different corpus delicti, which are specified in the Criminal Code.
- The age of the offender cannot be lower than 16 years
Delineation with intentional killing
As mentioned earlier, in the form of intent, murder is divided into intentional, provided for in Article 105, and, in accordance with Art. 109 of the Criminal Code, killing by negligence. It is important to distinguish between these compounds, if only because the sanctions for them are very different. You can compare them:
- The subjective side is completely different, in the first case - this is intent, and in the second - recklessness.
- Responsibility for intentional crime is higher than for reckless.
- The subject in the first case is a person who has reached the age of 14 years, and in the second case, the age of 16 years.
- The objective side, which is expressed in the act, if in the murder is active, often planned action, then in negligence it is usually a passive behavior, that is, inaction.
Types of Crime
An article of the Criminal Code of the Russian Federation (negligent homicide) divides it into three types, each of which is described in a separate part. In addition to this rule, death is not foreseen by negligence.
The first type provides a general description of the crime without additional circumstances, the second provides for the professional position of the offender, the third indicates a quantitative indicator. The third type of crime should not be less than 2 victims.
Careless death
This act is provided for in paragraph 1 of the article in question. This crime involves committing a murder with an careless form of guilt when a person did not calculate his strength, dexterity, skills and abilities. And as a result of such arrogance, a person died.
In order for the law enforcement officer to understand what form of guilt the suspect has, it is necessary to analyze his actions, behavior, reaction to everything that happened. In practice, carelessness and indirect intent are often confused. With the latter, a person does not care about the consequences; he admits that a person may die. The distinction is made on many factors, including the testimony of witnesses and eyewitnesses.
Causing death due to poor performance of professional duties
Part two of the 109th article on murder by negligence is connected with the professional activity of the offender. Death occurs as a result of the fact that the offender is poorly, poorly fulfilled his professional duties. In this case, the danger of the crime increases, as does the responsibility for it. Indeed, in this case, not only the person suffers, the encroachment occurs on the sphere of performance of official duties and powers. If the infliction of death is connected with the violation of various kinds of rules, then other articles that speak about a specific field of activity come into force.
Responsible for the commission of a careless murder due to poor performance of professional duties may be brought up kindergarten teachers, medical workers, teachers. Workers in construction works, nuclear plants will not be involved, as there are special articles on their activities.
Causing death to two or more persons
It is logically clear that causing death to several people is a more serious crime than killing one victim. This is due to the crime rate. In this case, the corpus delicti will not differ much from the first option. The main feature is that there will be two or more victims. As a result of this, the sanction is also changing, that is, responsibility will be higher in this case than for the first crime.
Responsibility
What is the term of reckless killing? Speaking specifically about imprisonment, in the first type of crime - a maximum of 2 years, in the second and third - a maximum of three. In addition, other types of punishments may be imposed:
- The restriction of freedom consists in the correction of the convict without his isolation from society. Various prohibitions and restrictions are imposed, which he must comply with, but placement in isolated institutions does not occur. For example, there may be a restriction on traveling outside the city. In the first case, restriction of freedom is possible up to 2 years, in the second - up to 3, in the third - up to 4 years.
- Forced labor makes it possible to attract convicts to labor in special institutions, while they are paid a salary. But not 100%, most of it goes in favor of the state, and the convicted person receives 20% in his hands. Duration of work in the first type of crime is up to 2 years, in the second - up to 3 years, in the fourth - up to 4 years.
- Mandatory work is a type of punishment in which work is carried out in free from studies or main work, time, no payment is provided. For killing, or causing death by negligence, work is assigned for no more than 2 years.
- In parts 2 and 3 of Art. 109 as an additional punishment, the deprivation of the right to hold a position for a term of up to 3 years or without any right to lift the restriction is applied.