Causing death by negligence refers - in accordance with Russian law - to crimes of minor gravity, despite the deplorable consequences that it carries with it. What is this act and what punishment awaits the person who committed it? About this article.
Negligent Causing Death: Composition
In the criminal law doctrine, for greater convenience and facilitating the qualification of an unlawful act, such a concept as a corpus delicti has been introduced and elaborated . This category includes all the most important objective and subjective signs of each specific type of criminally punishable action. These include the object, subject, objective and subjective sides. Consider death by negligence under the prism of these characteristics.
An object
This category describes what is directly caused harm, damage by the crime committed. As a rule, the object is indicated by the name of that chapter of the criminal law in which a specific norm has found its place. In this case, this concerns such an unlawful act as causing death by negligence.
The article describing this action refers to chapter 16, which includes all crimes that infringe on the life or health of people. As applied to our situation, it would be wiser to talk only about the first object. It is unlikely that harm can be done to the health of a deceased person.
Objective side
This characteristic includes a description of the most perfect deed. It represents an act of inaction, which found expression in the unlawful deprivation of the life of another person, which subsequently led to his death. At the same time, death means brain death.
Subjective side
This category describes the attitude of the offender to the act that he committed. A crime such as causing death by negligence can only occur if the person who committed it acted without intent. That is, his fault is careless. It can be expressed in frivolity or negligence.
Subject
A person who may be liable for such an act as causing death by negligence, must have certain characteristics. These include age (16 years), as well as sanity. If a person does not possess such qualities, then in this case he cannot be punished for his act.
Punishment
Responsibility for such a crime under Russian law is alternative, that is, the court, when passing a sentence, has the right to independently choose from several sanctions provided for in the relevant article. So, it can be correctional or forced labor, as well as restriction or imprisonment. The term for such punishments is limited to two years. The choice of a specific sanction depends on additional features that may indicate a greater or lesser public danger to the offender.