In the Criminal Code of the Russian Federation negligence is the improper performance by an official of the duties that have been assigned to him because of his careless attitude to them. This is how they describe an act that led to serious damage or significantly violated the legitimate interests and rights of organizations and citizens, as well as the protected interests of the state and society.
The legislator recognizes major damage as damage caused in the amount of over one million five hundred thousand rubles.
Failure to perform and improper performance
Failure to fulfill his duties by an official constitutes actual inaction when the perpetrator, on the contrary, was obliged to act in one way or another, as follows from the commentary on the article “Negligence”. Art. 293 of the Criminal Code of the Russian Federation by improper performance of duties means their performance by a person holding a particular position, in violation of certain requirements. For example, making mistakes, violating deadlines, etc. Both of these acts occur due to an unscrupulous or careless attitude of an official to his service.
Sanctions for negligence
In 293 Art. "Negligence" of the Criminal Code of the Russian Federation regulates the punishment provided for this act. The law defines sanctions for the crime in question.
1. In the form of a fine.
2. Mandatory or corrective labor.
3. In the form of forced labor with the deprivation of the right to work in certain positions or engage in any type of activity.
4. Imprisonment or arrest.
Paragraph one of the article provides for a fine. This punishment may reach a salary or an amount that does not exceed one hundred and twenty thousand rubles. It also refers to correctional labor up to one year, compulsory labor up to three hundred and sixty hours, or arrest for up to three months.
Paragraph two of Article 293 of the Criminal Code of the Russian Federation “Negligence” regulates the infliction of death or grievous bodily harm due to negligence. The punishment for such a criminal act is provided in the form of forced labor with the deprivation of the right to occupy certain posts or some activity. It also refers to imprisonment.
The third paragraph of the article defines the sanction for an act that resulted in the death of two or more persons through negligence. The punishment for this crime is forced labor with the deprivation of the right to occupy a certain position or carry out established activities, as well as imprisonment.
The object of a criminal act
The main object of the criminal offense, which is called negligence (Article 293 of the Criminal Code of the Russian Federation), is the normal functioning of the structures of the public administration and government. An additional object is economic interests. It also refers to health, life, possessive relationships.
Objective side
The objective side has several mandatory features:
1. An act expressed in action or inaction.
2. The consequences of this crime.
3. Also formed between them a causal relationship.
An act has certain characteristics, expressed in the form of inaction. It is punishable. In the event that a person was to take any action and could carry it out, but did not perform it or carried out improperly, this definition applies. If we consider the design of the objective side, then the composition of such an offense is considered specific. In criminal law theory, they are called compounds that have real harm. Simply put, in the absence of the consequences specified in the article, the corpus delicti will be absent, and the guilty person will be disciplined or administratively liable.
Article 293 of the Criminal Code of the Russian Federation “Negligence” does not provide a specific description of the obligations for the failure of which the guilty person should be held liable (criminal). For the staff, a general indication of the performance of their duties inappropriately, for example, the words that the person does not correspond to the position held, is insufficient. It is necessary to precisely establish and specifically describe the duties formally assigned to the official.
The article of the Criminal Code of the Russian Federation “Negligence” does not provide for liability in the event that a citizen cannot perform any actions due to, for example, failure to provide the requested documents from another official. If a person in his work makes miscalculations, errors due to a low professional level, then this indicates the lack of the ability to perform his duties properly. In this case, liability can only be disciplinary. The commission of such an act should entail the onset of consequences in the form of a substantial violation of the interests of citizens established by law, as well as human rights, organizations and the interests of the state and society protected by law
Subjective side
In the Criminal Code of the Russian Federation, negligence on the subjective side is characterized as an act with an careless form of guilt, expressed in the form of negligence or frivolity. What is it like? Frivolity is when a person could foresee the onset of harmful consequences envisaged by law, but as a result of improper performance or non-performance of his duties, he expected that they would not occur. The article “Negligence” of the Criminal Code of the Russian Federation understands negligence as a situation in which a person does not foresee the onset of harmful consequences, but with sufficient care could predict them. If a person did not foresee the onset of adverse effects and could not prevent them, responsibility for such an action is not provided.
If grievous bodily harm has occurred or death has occurred due to negligence, to establish the guilt of an official, it is necessary to prove a causal relationship between consequences and inaction. In part three, a particularly qualifying sign is the death of two or more citizens, the fault of which was negligence.
Subject of negligence
The subject of the crime in question is an exclusively sane official. His age must be at least sixteen years. In addition to these nuances, restrictions are not provided for in the law.