Article 109 of the Criminal Code of the Russian Federation “Causing death by negligence” is an article of 3 parts. Parts 1 and 2 are crimes of minor severity, Part 3 is of moderate severity.
Although both the article “murder” and the article “causing death by negligence” refer to the deprivation of a person’s life, the terms of punishment are completely different. For murder under the first part, you can get up to 15 years in prison, and for causing death by negligence, also under the first part - only up to 2 years.
It is important to know: a professional criminal lawyer has no templates when defending. They cannot exist in criminal cases. In any case, there may be seemingly small nuances that can have a huge impact on the case and punishment. For example, an investigator can reclassify this “light” article into a more serious one, “caught” on the testimony of a witness who himself is not sure of this testimony. Of course, this requires compelling reasons, but still, it’s calmer when your case is handled by an experienced lawyer who knows in advance what the investigator can do.
Liability for causing death by negligence under the article of the Criminal Code of the Russian Federation
Death from criminal behavior can occur even without intent. According to the Criminal Code of the RSFSR, such an offense was considered as murder by negligence, and the distinction based on intent only made it possible to reduce the size of sanctions. After updating the criminal legislation, this position has changed significantly. The Criminal Code of the Russian Federation does not allow murder by negligence, since this act is characterized only by the intentional nature of behavior.
Criminal liability for causing death by negligence will follow under the following conditions:
- a cause-and-effect relationship must be confirmed between the behavior and actions of the offender and the fatal outcome - for this, a forensic examination must confirm that it was the behavior of the offender that caused such grave consequences;
- negligence implies that the offender was obliged to foresee the danger of his actions, but through thoughtlessness or negligence allowed the death of the victim;
- a combination of random actions or factors in which the citizen could not and was not obliged to foresee such harm is not considered a crime.
Note!
There is no liability for accidental death. Therefore, when investigating criminal cases, it will be key not only to establish a cause-and-effect relationship, but also to prove guilt.
What are the negligence and frivolity that will entail criminal sanctions under Art. 109 of the Criminal Code of the Russian Federation? Negligence is recorded if the offender did not foresee the death, although he could and should have foreseen it. In case of frivolity, the offender foresees such grave consequences, but arrogantly expects to avoid them. If a citizen could not at all imagine that his actions would cause death, he is exempt from sanctions.
Careless death of people is not necessarily punishable under Art. 109 of the Criminal Code of the Russian Federation. If a pedestrian or other road user died from the actions of a driver driving a car, sanctions will follow under Art. 264 of the Criminal Code of the Russian Federation. In this case, there is a special feature - the operation of transport.
Penalty for negligent homicide
For causing death by negligence, Article 109 of the Criminal Code of the Russian Federation provides for 3 independent elements, each of which has its own list of sanctions:
- if only one subject is killed, the offender will receive a prison sentence of up to 2 years, and alternative sanctions are forced and correctional labor, or restriction of freedom;
- if the death was caused by improper performance of official duties, the culprit may go to prison for up to 3 years, and in addition to the listed sanctions, the court will deprive the right to hold office;
- The most severe sanctions under the Criminal Code of the Russian Federation will follow if the offender’s behavior led to the death of several persons - the duration of imprisonment and other sanctions will be up to 4 years.
Note!
In each part of Art. 109 of the Criminal Code of the Russian Federation does not contain a minimum amount of sanctions. This allows the court to impose a suspended sentence.
To impose sanctions for improper performance of duties, the professional status of the culprit must be confirmed. A typical example of such an act may be untimely assistance provided by the staff of a medical institution. If the doctor frivolously hoped for the cessation of pain syndromes or sensations in the patient, and did not provide proper assistance, he will be punished under Part 2 of Art. 109 of the Criminal Code of the Russian Federation.
Negligent homicide by a minor
Causing death by negligence of a minor will not go unpunished if the child was 16 years old at the time of the act. This fact is established on the basis of a birth certificate and passport. If a child is over 14 years old, he is subject to punishment only for premeditated murder.
