ST 26 of the Criminal Code of the Russian Federation.
1. A crime committed through negligence is an act committed through frivolity or negligence.
2. A crime is recognized as committed due to frivolity if a person foresaw the possibility of socially dangerous consequences of his actions (inaction), but without sufficient grounds, he arrogantly hoped to prevent these consequences.
3. A crime is recognized as committed through negligence if a person did not foresee the possibility of socially dangerous consequences of his actions (inaction), although with the necessary care and forethought he should and could have foreseen these consequences.
Commentary to Art. 26 Criminal Code
1. The legislator divides negligence as a form of guilt into frivolity and negligence.
2. The intellectual element of frivolity is characterized by an abstract awareness by a person of the social danger of his actions (inaction) and an abstract anticipation of the possibility or inevitability of the occurrence of socially dangerous consequences.
The abstractness of foresight is due to the volitional element of frivolity, i.e. reluctance to cause socially dangerous consequences, manifested in arrogant, without sufficient grounds, calculation to prevent consequences.
In other words, in frivolity, a person actively does not want the consequences to occur; he counts on their prevention. This is precisely what predetermines the abstract nature of awareness of social danger and foreseeing the possibility of socially dangerous consequences: a person abstracts himself from a given situation, although he knows that in any other similar situation consequences will occur. It is abstracted due to the fact that, in his opinion (calculation), there are certain sufficient circumstances that here and now will prevent the onset of consequences.
At the same time, the calculation to prevent consequences must be justified: a person must rely on certain circumstances (his own actions, his skills, the actions of other persons, the actions of natural forces, the reliability of mechanisms, etc.), which, in his opinion, will prevent, eliminate the onset of consequences. However, in the end, the calculation turns out to be unfounded, arrogant, frivolous, and the circumstances are not enough to prevent the consequences.
Reluctance to have consequences and the expectation of preventing them is the main distinguishing feature of frivolity, separating it from indirect intent. At the same time, in order to establish frivolity, a person must precisely count on some circumstances, and an empty, unfounded hope that consequences will not occur, hope for chance, already forms indirect intent.
3. The intellectual element of negligence presupposes a person’s lack of awareness of the social danger of the actions (inactions) performed and failure to foresee the possibility of socially dangerous consequences occurring. This is the so-called negative sign of the intellectual element of negligence.
The absence of a positive mental connection between the subject and the criminal consequences caused by him raises the question of the validity of the criminal punishability of negligence; However, such a question is resolved by the positive sign of the intellectual element of negligence, which is established, in turn, using two criteria: objective and subjective.
The objective criterion presupposes the obligation of a person, which follows from various social norms, to foresee the possibility of the occurrence of socially dangerous consequences of his act, subject to observance of the measures of care and forethought obligatory for this person. This obligation may arise from direct instructions of the law, from special rules, professional, official or other functions of the perpetrator, as well as from generally binding community rules.
The subjective criterion of negligence means the personal ability of a person in a specific situation, taking into account his individual qualities and with the necessary care and foresight, to foresee the possibility of the occurrence of socially dangerous consequences of his act.
The volitional element of negligence is characterized by the person’s lack of volitional efforts aimed at foreseeing socially dangerous consequences.
4. Careless crimes that do not imply the occurrence of consequences as a mandatory sign of the objective party (formal offenses) can be committed only through negligence, when a person does not realize the public danger of his actions (inaction), although with the necessary care and forethought he should and can be aware of this .
Section 7. CRIMES AGAINST PERSON
Chapter 16. CRIMES AGAINST LIFE AND HEALTH
Article 105 of the Criminal Code of the Russian Federation. Murder
Article 106 of the Criminal Code of the Russian Federation. Murder of a newborn child by a mother
Article 107 of the Criminal Code of the Russian Federation. Murder committed in the heat of passion
Article 108 of the Criminal Code of the Russian Federation. Murder committed by exceeding the limits of necessary defense or by exceeding the measures necessary to apprehend the person who committed the crime
Article 109 of the Criminal Code of the Russian Federation. Causing death by negligence
Article 110 of the Criminal Code of the Russian Federation. Drive to suicide
Article 111 of the Criminal Code of the Russian Federation. Intentional infliction of grievous bodily harm
Article 112 of the Criminal Code of the Russian Federation. Intentional infliction of moderate harm to health
Article 113 of the Criminal Code of the Russian Federation. Causing grievous or moderate harm to health in a state of passion
Article 114 of the Criminal Code of the Russian Federation. Causing serious or moderate harm to health by exceeding the limits of necessary defense or by exceeding the measures necessary to detain a person who has committed a crime
Article 115 of the Criminal Code of the Russian Federation. Intentional infliction of minor bodily harm
Article 116 of the Criminal Code of the Russian Federation. Beatings
Article 117 of the Criminal Code of the Russian Federation. Torture
Article 118 of the Criminal Code of the Russian Federation. Causing grievous bodily harm through negligence
Article 119 of the Criminal Code of the Russian Federation. Threat of death or serious bodily harm
Article 120 of the Criminal Code of the Russian Federation. Forcing the removal of human organs or tissues for transplantation
Article 121 of the Criminal Code of the Russian Federation. Infection with a venereal disease
Article 122 of the Criminal Code of the Russian Federation. HIV infection
Article 123 of the Criminal Code of the Russian Federation. Illegal abortion
Article 124 of the Criminal Code of the Russian Federation. Failure to provide assistance to a patient
Article 125 of the Criminal Code of the Russian Federation. Left in danger
Chapter 17. CRIMES AGAINST FREEDOM, HONOR AND DIGNITY OF PERSONALITY
Article 126 of the Criminal Code of the Russian Federation. Kidnapping
Article 127 of the Criminal Code of the Russian Federation. Unlawful imprisonment
Article 127.1 of the Criminal Code of the Russian Federation. Human trafficking
Article 127.2 of the Criminal Code of the Russian Federation. Use of slave labor
Article 128 of the Criminal Code of the Russian Federation. Illegal placement in a psychiatric hospital
Article 129 of the Criminal Code of the Russian Federation. Slander
Article 130 of the Criminal Code of the Russian Federation. Insult
Chapter 18. CRIMES AGAINST SEXUAL INTEGRITY AND SEXUAL FREEDOM OF AN INDIVIDUAL
Article 131 of the Criminal Code of the Russian Federation. Rape
Article 132 of the Criminal Code of the Russian Federation. Sexual assault
Article 133 of the Criminal Code of the Russian Federation. Compulsion to perform sexual acts
Article 134 of the Criminal Code of the Russian Federation. Sexual intercourse and other acts of a sexual nature with a person under sixteen years of age
Article 135 of the Criminal Code of the Russian Federation. Depraved acts
Chapter 19. CRIMES AGAINST THE CONSTITUTIONAL RIGHTS AND FREEDOMS OF HUMAN AND CITIZENS
Article 136 of the Criminal Code of the Russian Federation. Violation of equality of rights and freedoms of man and citizen
Article 137 of the Criminal Code of the Russian Federation. Violation of privacy
Article 138 of the Criminal Code of the Russian Federation. Violation of the confidentiality of correspondence, telephone conversations, postal, telegraph or other messages
Article 139 of the Criminal Code of the Russian Federation. Violation of the inviolability of the home
Article 140 of the Criminal Code of the Russian Federation. Refusal to provide information to a citizen
Article 141 of the Criminal Code of the Russian Federation. Obstruction of the exercise of voting rights or the work of election commissions
Article 141.1 of the Criminal Code of the Russian Federation. Violation of the procedure for financing the election campaign of a candidate, electoral association, activities of the initiative group for holding a referendum, or another group of referendum participants
Article 142 of the Criminal Code of the Russian Federation. Falsification of election documents, referendum documents
Article 142.1 of the Criminal Code of the Russian Federation. Falsification of voting results
Article 143 of the Criminal Code of the Russian Federation. Violation of labor safety rules
Article 144 of the Criminal Code of the Russian Federation. Obstruction of the legitimate professional activities of journalists
Article 145 of the Criminal Code of the Russian Federation. Unreasonable refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under three years of age
Article 145.1 of the Criminal Code of the Russian Federation. Non-payment of wages, pensions, scholarships, benefits and other payments
Article 146 of the Criminal Code of the Russian Federation. Violation of copyright and related rights
Article 147 of the Criminal Code of the Russian Federation. Infringement of inventive and patent rights
Article 148 of the Criminal Code of the Russian Federation. Obstruction of the exercise of the right to freedom of conscience and religion
Article 149 of the Criminal Code of the Russian Federation. Obstructing an assembly, rally, demonstration, procession, picketing or participation in them
Chapter 20. CRIMES AGAINST THE FAMILY AND MINORS
Article 150 of the Criminal Code of the Russian Federation. Involving a minor in committing a crime
Article 151 of the Criminal Code of the Russian Federation. Involving a minor in committing antisocial acts
Article 151.1 of the Criminal Code of the Russian Federation. Retail sale of alcoholic beverages to minors
Article 152 of the Criminal Code of the Russian Federation. Lost power
Article 153 of the Criminal Code of the Russian Federation. Child switching
Article 154 of the Criminal Code of the Russian Federation. Illegal adoption
Article 155 of the Criminal Code of the Russian Federation. Disclosure of the secret of adoption
Article 156 of the Criminal Code of the Russian Federation. Failure to fulfill obligations to raise a minor
Article 157 of the Criminal Code of the Russian Federation. Malicious evasion of payment of funds for the maintenance of children or disabled parents
Section 8. ECONOMIC CRIMES
Second commentary to Art. 26 of the Criminal Code of the Russian Federation
1. The law knows two types of careless forms of guilt - frivolity and negligence.
2. Frivolity is characterized by two signs. Its intellectual content is defined as the anticipation of the abstract (i.e. in general, but not in this specific situation) possibility of the occurrence of socially dangerous consequences of the act committed.
3. The law characterizes the volitional content of frivolity not as hope, but precisely as a calculation to prevent socially dangerous consequences, which has very real, although insufficient, grounds. In this case, the perpetrator relies on specific, real circumstances that, in his opinion, can counteract the onset of a criminal result: on his own personal qualities (strength, dexterity, experience, skill), on the actions of other persons or mechanisms, as well as on other circumstances. But he assesses their significance incorrectly, as a result of which the expectation of preventing a criminal result turns out to be unfounded, arrogant, and without sufficient grounds for this.
4. Negligence is the only type of guilt in which a person does not foresee the socially dangerous consequences of his act either as inevitable, or as actually or even abstractly possible. Negligence is characterized by two signs: negative and positive.
5. A negative sign of negligence is a person’s failure to foresee the possibility of socially dangerous consequences occurring. A positive sign of negligence is that the perpetrator should and could have shown the necessary care and foresight and foreseen the occurrence of socially dangerous consequences actually caused. It is this feature that turns negligence into a type of guilt in its criminal legal understanding. It is established using two criteria: obligation means an objective criterion, and foreseeability means a subjective criterion of negligence.
6. The objective criterion of negligence is normative in nature and means the obligation of a person to foresee the occurrence of socially dangerous consequences in compliance with the requirements of the necessary care and forethought.
7. The subjective criterion of negligence means the personal ability of a person in a specific situation and taking into account his individual qualities to foresee the possibility of the occurrence of socially dangerous consequences.
Section 3. PUNISHMENT
Chapter 9. CONCEPT AND PURPOSES OF PUNISHMENT. TYPES OF PUNISHMENTS
Article 43 of the Criminal Code of the Russian Federation. Concept and purposes of punishment
Article 44 of the Criminal Code of the Russian Federation. Types of punishment
Article 45 of the Criminal Code of the Russian Federation. Basic and additional types of punishments
Article 46 of the Criminal Code of the Russian Federation. Fine
Article 47 of the Criminal Code of the Russian Federation. Deprivation of the right to hold certain positions or engage in certain activities
Article 48 of the Criminal Code of the Russian Federation. Deprivation of a special, military or honorary title, class rank and state awards
Article 49 of the Criminal Code of the Russian Federation. Mandatory work
Article 50 of the Criminal Code of the Russian Federation. Correctional work
Article 51 of the Criminal Code of the Russian Federation. Restriction on military service
Article 52 of the Criminal Code of the Russian Federation. Lost power
Article 53 of the Criminal Code of the Russian Federation. Restriction of freedom
Article 54 of the Criminal Code of the Russian Federation. Arrest
Article 55 of the Criminal Code of the Russian Federation. Confinement in a disciplinary military unit
Article 56 of the Criminal Code of the Russian Federation. Imprisonment for a specified period
Article 57 of the Criminal Code of the Russian Federation. Life imprisonment
Article 58 of the Criminal Code of the Russian Federation. Assignment of a type of correctional institution to those sentenced to imprisonment
Article 59 of the Criminal Code of the Russian Federation. Death penalty (CURRENTLY PROHIBITED)
Chapter 10. ASSIGNMENT OF PUNISHMENT
Article 60 of the Criminal Code of the Russian Federation. General principles of sentencing
Article 61 of the Criminal Code of the Russian Federation. Circumstances mitigating punishment
Article 62 of the Criminal Code of the Russian Federation Imposition of punishment in the presence of mitigating circumstances
Article 63 of the Criminal Code of the Russian Federation. Aggravating circumstances
Article 63.1 of the Criminal Code of the Russian Federation. Assignment of punishment in case of violation of a pre-trial cooperation agreement
Article 64 of the Criminal Code of the Russian Federation. Imposing a more lenient punishment than provided for the crime
Article 65 of the Criminal Code of the Russian Federation. Assignment of punishment in case of a jury verdict of leniency
Article 66 of the Criminal Code of the Russian Federation. Assigning punishment for an unfinished crime
Article 67 of the Criminal Code of the Russian Federation. Assignment of punishment for a crime committed in complicity
Article 68 of the Criminal Code of the Russian Federation. Assignment of punishment for recidivism of crimes
Article 69 of the Criminal Code of the Russian Federation. Assignment of punishment for a set of crimes
Article 70 of the Criminal Code of the Russian Federation. Assignment of punishment based on cumulative sentences
Article 71 of the Criminal Code of the Russian Federation. The procedure for determining the terms of punishment when adding sentences
Article 72 of the Criminal Code of the Russian Federation. Calculation of sentence terms and offset of punishment
Article 73 of the Criminal Code of the Russian Federation. Conditional sentence
Article 74 of the Criminal Code of the Russian Federation. Cancellation of suspended sentence or extension of probation period
Section 4. EXEMPTION FROM CRIMINAL LIABILITY AND PUNISHMENT
