In the conditions of the modern world, the rapid development of science and technology, there is an acute problem of adaptation of the individual in the social environment, requirements for the rules of behavior, organization, discipline in the workplace are increasing. Lack of attention, caution in everyday situations, when using technical resources, malpractice, can lead to dangerous consequences. Therefore, there is an acute problem of resolving the issue of public safety, limiting the scope of responsibility in accordance with the Criminal Code and the penalties for crime committed through negligence.
Interpretation of the concept
All criminal actions related to negligence and the liability that they entail are regulated in accordance with the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ as amended on December 27, 2018 with amendments and additions that came into force on January 8, 2019 according to Art. 26. In accordance with the law, the studied act is:
- Acts of negligence or frivolity that are recognized as criminal.
- An act / omission without a person's assumption of danger, if it could, with careful attention and caution, foresee the consequences, such a crime is qualified as committed by negligence.
- Action / inaction with the alleged consequences and danger, but with the expectation of the possibility of independent prevention of consequences.
Frivolity and negligence are less common forms of guilt compared to intent.
Negligence and its types
Negligence in the criminal law of the Russian Federation, its essence is justified by the peculiarities of the perpetrator’s attitude to danger that arose after his action / inaction. It is customary to distinguish between 2 types of negligence, similar in their socio-psychological orientation. These are frivolity and negligence. In these cases, we are talking about violations of duties, neglect of inattention, failure to comply with safety rules when performing any actions. In accordance with Part 1 of Art. 26 of the Criminal Code:
- actions based on frivolity are recognized when a person knew about dangerous consequences, but mistakenly calculated to prevent them;
- a crime of negligence is an act in which a person could foresee, but did not foresee, danger.
Among criminal actions, negligence is distinguished:
- technical (violation of safety rules, labor protection, fire safety, traffic regulations, operation of vehicles, various types of work, transportation, accounting, storage, transportation, etc.);
- professional (negligence, violation of sanitary-epidemiological rules and other);
- household (death, harm to health, regardless of severity, damage, destruction of property, violation of the rules for storing weapons).
Characteristic
To better understand the two terms - “frivolity” and “negligence”, it is worth determining their difference. Consider it at this point. So, the terms can be characterized by specific differences:
- the essence of frivolity is close to a crime with indirect intent, only has a less defined character;
- reckoning on the prevention of consequences with frivolity;
- the difference in volitional content: with indirect intent - the conscious permission of danger, indifferent attitude; with frivolity - achieving the goal with the conviction to prevent dangerous consequences;
- negligence does not imply a person's foresight of danger in the act;
- negligence does not imply a focus on harm;
- awareness of negligence, but lack of assumptions about dangerous consequences;
- Negligence implies the ability to choose the most prudent behavior.
The statement and responsibility for negligence according to the Criminal Code occurs in cases of foresight and the real possibility of preventing the consequences of the perpetrators.
Differences between negligence and intent
Guided by Part 2, Part 3 of Art. 26 of the Criminal Code of the Russian Federation can identify the main, consisting in strong-willed and intellectual signs, differences of intent and careless form of guilt:
- With negligence, the perpetrator does not realize the danger of his actions.
- Carelessness does not imply a positive attitude towards the consequences.
- A person may not assume a public danger.
- A careless person more often than not counts the prevention of consequences.
- A person who has committed frivolity has no desire for the onset of consequences, but there is the possibility of their foresight.
- Deliberately committed action involves a person's awareness of social danger.
- With intent, a person takes a passive or indifferent position towards the prevention of consequences, with frivolity - is active and counts on their prevention.
Article 26 of the Criminal Code: separate comments
According to the comments to this article of the Criminal Code, negligence crimes have their own characteristics and, unlike those committed by intent, have a negative attitude towards themselves on the part of the person who committed them. Also, with this form of guilt, it is impossible to attract for complicity, attempt, preparation. Signs that reflect the internal content of the crime through negligence, criminal law combines in two groups. What kind? An intelligent reader may have guessed this. It is about frivolity and negligence.
To understand the topic of the article, it is worth exploring another nuance. So, criminal frivolity is characterized by a strong-willed orientation. As well as the desire to prevent the consequences. With frivolity, a person tends to rely on a number of circumstances:
- personal qualities, self-confidence (knowledge, experience, dexterity, ability, skills, mastery);
- circumstances (dark time of the day, a deserted place and beyond);
- calculation on the actions of other persons;
- calculation for various mechanisms, forces of nature and others.
Negligence is characterized by a lack of anticipation of the onset of danger, in other words, the subject mistakenly does not realize his guilty actions if there is an opportunity to recognize the negative nature of the acts. A person, committing a volitional act, does not realize that he is violating the precautionary rules, and having real ways to prevent the consequences, he does not use his strength and personality qualities necessary to prevent it.
Preventive measures
The greatest number of careless acts are committed in the technical field related to violation of the rules of operation of transport, traffic rules, labor protection, work safety. Considering malpractice, note the inconsistency of position and qualifications, competence and lack of experience.
General preventive measures are aimed at strengthening labor discipline, matching the level and education of the position and the required skills, knowledge of safety rules, improving the quality of work of regulatory bodies, timely elimination of malfunctions, defects in equipment and equipment. An individual educational and preventive, explanatory work with persons inclined to commit reckless acts should also be provided. To prevent crime in everyday life, special measures are not provided.