What can make a person a murderer? War? Hatred? Self-interest? Or a terrible coincidence? In judicial practice, cases of careless death are often encountered. It is murder by negligence that will be the topic of our conversation.
Negligent homicide can be causing death due to simple human errors. For example, if a person did not realize the deadly consequences of his actions. Often such situations arise in the company of minor teenagers. But let's talk about everything in order.
What is negligent homicide?
Murder is, first of all, causing the death of another person, which is punishable by the Criminal Code of the Russian Federation.
So, how does negligent homicide happen? The Criminal Code of the Russian Federation provides for the following actions by those guilty:
- A person's inaction that results in the death of another person.
For example, in our country, representatives of certain professions (doctors and law enforcement officers) are required to perform duties constantly, even outside of working hours. Inaction during emergency situations that resulted in the death of a person will be punished under the Criminal Code.
- An unintentional act that causes the death of another person.
In other words, any unintentional actions of a person, the consequences of which were the death of a person:
- Criminal negligence - In this case, it is important that the culprit fails to predict the consequences, although he should have, thereby unintentionally “killing” another person.
- Criminal frivolity - Either he foresaw and even realized the likelihood of a fatal outcome, but decided that he would be able to avoid it.
Murder by negligence differs from ordinary murder in the absence of a conscious desire of the perpetrator to kill a person.
That is, the culprit could even imagine the possibility of a fatal outcome, but did not want it, tried to avoid it. In addition, he did not set himself the goal of allowing the death of another person for personal gain.
However, the court in any case will regard the defendant’s behavior as dangerous to the lives of others and society as a whole. And the perpetrator will face criminal penalties and a criminal record. True, the punishment will be mitigated.
What influences sentencing?
The Criminal Code provides for a more lenient punishment for a crime of negligence, but does not exempt a person from responsibility. The victim's death was not an accident and could have been avoided with proper safety precautions or lack of negligence. When passing a sentence, circumstances both mitigating and aggravating are taken into account.
Mitigating circumstances include:
- voluntary admission of guilt, surrender;
- assistance in conducting investigations;
- criminal under 16 years of age;
- state of passion or insanity;
- characterizing materials;
- agreement to atone for the consequences of rash actions.
Aggravating circumstances are considered:
- drunkenness before or during the crime;
- the victim was a young child, a minor;
- planned action or conspiracy has been proven;
- concealment of traces crime, previous criminal record;
- resistance offered during arrest.
If there is evidence that a person could have prevented the death of another, but did not do so due to his own beliefs or psycho-emotional factors, then we are talking about murder by “indirect intent.”
Basic provisions of the Criminal Code on murder by negligence
Murder by negligence is described in Article 109 of the Criminal Code of the Russian Federation. According to its provisions, there are three types of murder by negligence:
- Homicides related to negligence in the performance of official duties;
- Murders committed in the performance of official duties, not associated with negligence and mercenary motives;
- Killing two or more people.
In addition, in order to qualify the death of a person as homicide by negligence, the following circumstances must be met:
- Lack of intention and desire to kill a person;
- The guilty person did not suspect (did not guess) that the actions he was performing were leading to the death of another person;
- The moment of commission of the crime is the death of the victim;
- The presence of a clear cause-and-effect relationship, i.e. the death occurred due to the action or inaction of the accused person;
- No violations of established rules (fire safety, work at a dangerous or explosive facility). If they are present, the murder will not be considered careless, but will be transferred to another classification;
- The guilty person has reached the age of sixteen.
The main criterion for qualifying murder by negligence is the lack of desire on the part of the perpetrator to kill a person.
Is it possible to reclassify an article?
There is always the opportunity to reclassify an article when new evidence appears. For example, initially the case was of a nature where the accused caused death through negligence. However, the presence of evidence can translate Article 109 of the Criminal Code of the Russian Federation into an article of murder. To do this it is enough to prove:
- presence of motive;
- understanding that actions must lead to death;
- desire to kill another person.
However, a mitigation of punishment is possible if the accused was in a state of passion at the time of the murder.
It is also possible to transfer the article to 143 of the Criminal Code of the Russian Federation (violation of labor protection conditions), which led to tragic consequences. Punishment under this article provides for forced labor/correctional labor or imprisonment for up to five years. If it can be proven that the accused could not influence what happened, then the court will recognize the death due to an accident. Also, the case may not go to court when the investigators themselves have provided the evidence base for this version.
The prosecutor is in favor of reclassifying the article
Article 227 of the Labor Code of the Russian Federation specifies which accidents are subject to investigation. Essentially, these are all incidents that occurred with regular or non-staff employees, trainees or random people.
The investigation is being carried out by employees of the prosecutor's office and the investigative committee. They must gather evidence, interview witnesses, and decide whether it was an accident. If not, then a criminal case must be initiated.
Composition of the crime “murder by negligence”
In order to bring the perpetrator to criminal punishment, the prosecution must prove in court the presence of the full corpus delicti. It includes:
- The object of the crime is the life of the victim;
- Objective side: murder by negligence as a result of the action or inaction of the guilty person;
- The subject of the crime is a person who has reached the age of 16;
- The subjective side is negligence, frivolity or professional negligence that caused the death of a person: Violation of safety rules at work;
- Violation of job descriptions;
- Inaction in emergency situations;
- Negligence in performing official duties, frivolity.
The moment of commission of a crime is considered to be the death of the victim, from that moment it is considered committed, and the perpetrator is subject to criminal punishment.
If the perpetrator simply could not foresee the deadly consequences of his actions, then the murder is considered accidental and is not subject to criminal prosecution.
Who is more likely to be guilty of death by negligence?
Unfortunately, any person who had the opportunity to save another from death, for example, without performing certain actions, but did not do so, can fall under Article 109 of the Criminal Code of the Russian Federation.
However, we will list the main categories of persons who may become defendants under this article (data from judicial practice in Russia over the past 15 years were taken as a basis):
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- Persons with certain diseases: Mental disorders;
- Alcohol and drug addictions;
- Dementia;
- Psychopathy;
- Brain diseases.
- Doctors;
Often, murder by negligence can occur in ordinary everyday (home) conditions. For example, when installing gas equipment incorrectly or installing uncertified household appliances and electrical equipment. Situations also often arise with a doctor’s refusal to provide medical services or, conversely, the provision of unnecessary services, careless handling of weapons while performing official duty or during hunting or exercises.
Criminal penalties for negligent homicide
We mentioned just above that murder by negligence differs from intentional murder, and therefore its commission carries a slightly more lenient punishment. Moreover, this principle has been in effect in all modern countries since ancient times.
Punishments for murder by negligence are specified in Article 109 of the Criminal Code of the Russian Federation. They are noticeably softer than sanctions for killing a person (Article 105 of the Criminal Code of the Russian Federation). So, possible punishments:
- In the first option of murder by negligence (see the paragraph on the main provisions of the Criminal Code on murder by negligence): Correctional labor for up to two years;
- Forced labor for the same period;
- Restriction of freedom for up to two years;
- Imprisonment for up to two years;
- Restriction of freedom for up to three years;
- Restriction of freedom for up to four years;
In the latter case, at the discretion of the court, there may be a complete deprivation of the right to continue professional activity or a ban on it for a certain time (up to 4 years). Most often, the court chooses a punishment in the form of restriction of freedom or a suspended sentence, depending on the circumstances of the case.
Qualified legal assistance will help minimize the punishment!
Death due to negligence is difficult to anticipate or predict. Often, one wrong move or action can cause death. Persons who find themselves in a difficult life situation and who require qualified assistance and legal support in order to represent the interests of the accused or injured party in court are advised to contact lawyers specializing in cases involving a crime against life and health.
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Accidental death and homicide by negligence: main differences
In the Criminal Code you can also find the concept of “accidental causing of death”. If murder is classified under this article, criminal liability does not arise, and the perpetrator is released.
The criteria for assessing murder as an accidental death are as follows:
- If the perpetrator imagined deadly consequences for another person, but: Did not want death;
- I tried to take all measures to prevent the sad outcome;
- But in the end, death occurred for a reason that was initially independent of him.
Thus, we see that the main difference between accidental killing and negligent homicide is the perpetrator's understanding of the deadly consequences, as well as the power he has over the situation. In the case of negligent homicide, the perpetrator either could have saved the person but became inactive, or committed an act whose consequences became fatal for another.
Features and Examples
Unfortunately, judicial practice on this topic is quite extensive. Below are two real life examples:
Example 1. 17-year-old Full Name 1, together with a group of friends, had a fun time drinking alcohol at his friend’s apartment. After an impressive dose of alcoholic drinks, even by the standards of an adult, Full Name 1 and Full Name 2 began a conflict over attention to the same girl, but the quarrel was localized and temporarily cooled down. According to witnesses, and that evening the company consisted of 12 people, including the above-mentioned persons, the quarrel developed into a friendly joke, and the conflict was settled.
But after the company began to go home, Full Name 1 and Full Name 2, together with another friend of theirs, walked the same road. And at this time, the conflict flared up with renewed vigor between these three persons, while FULL NAME 1 remained in the minority. In the heat of a quarrel, FULL NAME 1 took out a small folding knife and inflicted several stab wounds on one of his opponents in the abdominal area, after which, throwing the knife, he ran away.
After being brought in as a defendant, since he was directly pointed out by an eyewitness to the events, Full Name 1 wrote a confession, and also insisted that he acted in a state of passion, since the murdered man repeatedly and systematically insulted him. This fact was not confirmed during the investigation, but a psychological and psychiatric examination indicated full control and sanity of the accused. As a result, Full Name 1 was found guilty and sentenced to 8 years in a correctional colony.
Example 2. 16-year-old teenager Pavel was subjected to attacks in every possible way not only from his classmates, but also from many teachers, the class teacher was especially harsh, who, as it became known after the investigation, even used physical force. Pavel’s family tried to influence the situation, contacted the school administration and resolved the conflicts for a while, but after a while they resumed with renewed vigor. Pavel, who was in an agitated mental state, could not withstand such a load. On one particularly difficult day, after being beaten by high school students, Pavel ran home from class. My father kept a hunting sawed-off shotgun and a cleaver. Taking this weapon, Pavel went to the school and dealt with the offenders once and for all, killing 5 people.
An incredibly difficult situation to qualify, because, on the one hand, there is a mass murder and shooting in a public place, and on the other, the accused is to some extent a victim, since there are no guarantees of his sanity, and no matter how heartless it may sound, the dead “had a hand” in shaping the killer. Such situations occur quite often; two similar cases have already occurred this fall.
“Medical error”: is there a risk of criminal liability?
About a third of negligent homicide trials result from the death of a patient due to physician error or medical negligence.
So, what is a medical error?
“Medical error” is an error, an incorrect action taken by a doctor in the performance of official duties (treating a patient).
An error can occur due to negligence in the performance of work, negligence or illiteracy of the doctor.
The main signs of a medical error:
- Conscientious error of the doctor: Incorrect diagnosis (diagnostic error);
- Incorrect treatment of the patient (carrying out operations, prescribing medications that the patient cannot tolerate).
In any case, a medical error, if it leads to the death of the patient, threatens the perpetrator with criminal punishment and deprivation of the right to continue medical practice for up to three years.
