A crime committed with a fatal outcome on Russian territory requires serious punishment. Murder with various aggravating or mitigating circumstances is considered in court. If a crime is committed without intent, it is assessed under a separate article of the Criminal Code.
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Concept
The concept of murder by negligence is given in the commentary to Art. 109 of the Criminal Code of the Russian Federation. Thus, in accordance with the law, causing death by negligence is an action or inaction that entailed the death of another, while it was committed without intent and due to frivolity or negligence. In this case, the citizen committing the act could or should have foreseen that it could lead to the death of another person, or foresaw, but groundlessly believed that it would be possible to avoid death.
Please note that if the perpetrator could not or should not have foreseen that his actions would lead to the death of another person, in accordance with Article 28 of the Criminal Code of the Russian Federation, criminal liability is removed from him.
What does the article of the Criminal Code of the Russian Federation say for murder by negligence?
According to the law, negligent homicide involves some act or omission that results in the death of one or more people.
The main difference between unintentional murder and a specially planned crime can be called the lack of motivation. At the same time, one should not compare murder by negligence with accidental murder. If a person’s death was caused completely by accident, then the culprit is not punished. If we are talking about inattention, it means that the culprit had a chance to foresee the consequences of his actions, but did nothing about it. Accordingly, murder by negligence is punishable in accordance with the relevant article.
Such crimes include:
- murder due to rashness;
- murder due to careless behavior or actions.
As established in the first part of Article 109 of the Criminal Code of the Russian Federation, punishment for a crime of this nature occurs in the following cases:
- when violating or ignoring generally accepted rules;
- when precautions and safety measures are not observed;
- with one’s own carelessness and thoughtlessness.
Examples of such situations include careless use of weapons or dangerous substances.
Corpus delicti
The corpus delicti under Art. 109 of the Criminal Code of the Russian Federation is material. Unintentional murder is considered committed from the moment the victim dies.
The object of the crime is human life. The objective side of unintentional murder is the commission of an act that led to the death of another person.
The subject is a citizen who has reached the age of 16 and is of sound mind. The objective side is the circumstances in which the murder was committed, i.e. carelessness and frivolity.
Features of the crime
The features of the crime include the following:
- Most often, a crime occurs due to negligence or frivolity on the part of the accused. These phenomena in themselves are not intentional.
- As a rule, litigation lasts a very long time. The main task of the court is to confirm or deny the presence of motivation in the murder. To do this, multiple pieces of evidence are collected, as well as details and features of what happened.
- According to statistics, the largest part of crimes under Article 109 occurs during domestic quarrels and conflicts.
- Let us note that Article 109 is often confused with Article 111. The latter is applied in situations where the accused committed unintentional actions, causing harm to the health of the victim, and these actions subsequently caused death.
The outcome of the case in such proceedings depends on how much evidence can be collected and presented. On the part of the defendant, it is very important to have witnesses and any possible evidence confirming the lack of motivation in the murder.
The line between death by negligence and murder
Murder by negligence differs from ordinary murder only in the form of guilt. Thus, causing death by negligence is unintentional, and the perpetrator lacks a motive. In ordinary murder, the accused acts with the intent to harm the life and health of the victim.
The difference between murder with indirect intent and causing death by negligence is that the perpetrator in the case of unintentional murder can only foresee the possibility of fatal consequences. In the case of murder with indirect intent, the accused foresees the likelihood and deliberately allows the death to occur.
Accidental death is a crime that is also not regulated by Art. 109 of the Criminal Code of the Russian Federation. What distinguishes it from manslaughter is that the defendant foresaw the death and took all necessary measures to prevent it, but the death occurred anyway. Or the perpetrator did not even imagine that he was committing actions that could lead to the death of another person.
Signs of a crime
To reclassify a murder under the appropriate article, it is necessary to confirm the connection between cause and effect - how the absence of malicious intent led to murder without intent. Responsibility for it, imposed in the form of a sentence, directly depends on the motive, and not so much on the consequence - the death of the victim.
Murder without premeditation has certain characteristics. To receive a so-called lenient sentence, the offender must prove that he did not intend to take the victim’s life.
Each case is considered individually: a murder during a joint hunt, a gas or electric appliance in the house is faulty, which led to the death of one or more people. Such cases also include death as a result of a fire safety violation or failure to fulfill one’s direct duties.
An important nuance for imprisonment due to murder without premeditation is that the criminal himself, before the incident, did not imagine that his actions would lead to the death of the victim. If the motive was discovered during the trial, the case will automatically be reclassified under another article of the Russian Criminal Code.
According to independent research, this type of crime in Russia in most cases occurs in everyday life or in case of violation of simple safety rules in the home or in any organization.
Punishment under Article 109 of the Criminal Code of the Russian Federation
In accordance with Article 109 of the Criminal Code of the Russian Federation, an act that results in the death of a person through negligence is punishable:
- correctional labor for up to 2 years;
- or restriction of freedom for up to 2 years;
- or imprisonment for up to 2 years;
- or forced labor for up to 2 years.
Criminal liability for causing death by negligence with aggravating circumstances will be much stricter. Thus, for unintentional murder in the course of improper performance of professional duties, the penalty is:
- restriction of freedom for up to 3 years;
- or forced labor for up to 3 years; in addition, the court may deprive the right to hold certain positions or engage in certain activities for up to 3 years;
- or imprisonment for a term of up to 3 years with or without deprivation of the right to hold certain positions or engage in certain activities for up to 3 years.
The maximum sentence will be given for the murder by negligence of 2 or more people under Art. 109 of the Criminal Code of the Russian Federation:
- restriction of freedom for up to 4 years;
- forced labor for up to 4 years;
- imprisonment for a term of up to 4 years, the punishment may be supplemented by deprivation of the right to hold certain positions and engage in certain types of activities for up to 3 years.
Murder by negligence by a minor is punished on a general basis, since responsibility for this crime begins at the age of 16.
It is worth noting that causing grievous harm by negligence resulting in death is also qualified under Article 109 of the Criminal Code of the Russian Federation.
“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.
Examples from judicial practice
To better understand the essence of unintentional murder, let's look at examples from judicial practice.
Thus, in court, the most common cases are cases of death caused by negligence by a doctor. For example, cardiologist V. prescribed patient S. a drug for drug treatment of a hypertensive crisis. When prescribing, V. did not take into account that patient S. had an acute allergy to one of the components of the drug, as a result of which S. died of suffocation. The court qualified V.’s act under Part 2 of Article 109 of the Criminal Code of the Russian Federation and imposed a sentence of restriction of freedom for a period of 3 years.
Also, killings during hunting are often committed due to negligence. So, citizen D. went hunting with his partner, citizen M. During the evening hunt, citizen D. aimed at ducks flying by. At the moment of the shot, his hand trembled, and instead of a duck, he hit citizen M. The shot hit vital organs, and citizen M. died on the spot. The court sentenced citizen D. in accordance with Part 1 of Article 109 of the Criminal Code of the Russian Federation - imprisonment for 1 year.
Quite often, unintentional murder occurs as a result of an accident. Citizen A. was driving while intoxicated. As a result, he lost control of the car and crashed into a stop. At the time of the accident, citizen K was near the bus stop. Citizen A’s car hit citizen K during a maneuver. She was seriously injured. After 24 hours, citizen K. died in intensive care. Citizen A. was convicted of violating traffic rules, which negligently resulted in the death of a person, under part 4, paragraph a) of Article 264 of the Criminal Code of the Russian Federation. The culprit was imprisoned for 10 years with deprivation of the right to drive a car for 3 years.
Qualifying features
There are several qualifying signs of violation:
- Death was caused due to negligence in official duties. For example, the foreman of the construction organization did not check the serviceability of the equipment, but signed the acceptance certificate. When the installation was started, a fire occurred and the flame spread to a worker standing nearby. He died on the spot. The master who did not check the equipment, but still allowed the person to work, will be to blame for the death.
- More than one person dies.
Evidence base
In the Russian Federation, Article 73 of the Criminal Procedure Code defines what the evidence base is. In a criminal case, the following circumstances are proven:
- place and time of death of a person;
- killer's motives;
- the size and nature of the damage caused;
- aggravating and mitigating circumstances;
- the presence of reasons that may provide grounds for exemption from punishment.
Evidence under Article 109 of the Criminal Code is any circumstances in the case on the basis of which it is established whether the accused is guilty or not.
5 types of evidence:
- testimony of the suspect and accused;
- witness statements;
- opinions of experts and specialists;
- evidence. These include equipment and facilities that have retained traces of a criminal act. Items that can serve to restore the circumstances of the case are also material evidence;
- protocols of investigative activities.
According to Art. 75 of the Criminal Procedure Code, all evidence must be obtained in accordance with the requirements of procedural law. This means that you cannot trust the words of witnesses if their assumptions are based on hearsay or they cannot say the source of their knowledge. The statute of limitations is two years.
Killing by necessity
The unusual murder was investigated this week by the Zavolzhsky District Prosecutor's Office. Having figured out what was going on, the prosecutor’s office... let the killer go home...
To understand why they did this, Molodezhka correspondents personally met with the killer. And this is what he told us...
COMRADE IN ACCIDENT
The beginning of this story is lost somewhere in Soviet times, when people were imprisoned not only for possession and distribution of drugs, but even for using them. It was then that the hero of our article, now 47-year-old Alexander K., flew into the colony as a young man. There, to his misfortune, he met a repeat offender named Galnykin and nicknamed Galnyshka, who spent almost half his life in prison and lived only according to his “concepts.” But not because life didn’t work out, but because it was easier for him. As they say: stole, drank - go to prison. Such is the romance...
Alexander served his sentence, was released and went to work in a fishing camp in the Staromainsky fish farm. Alexander found the area difficult. Although it is considered to belong to the Ulyanovsk region, it is actually already on the land of Tatarstan. It is impossible to approach it by land - there is a cliff hanging over it, and there is no descent. Therefore, fishermen get to it either from Staraya Maina, or straight across the Volga - from Ulyanovsk itself. The work here is hard. But in the fresh air. But that’s not what this is about...
One day last winter, Alexander met Galnyshka’s former sidekick on the street. And it stuck: add it to your job. How will you install it? Galnyshka - Alexander remembered this well - was simply not fit for work. But there was nowhere to go...
“I brought him for the first time in May,” says Alexander. “I introduced them to the guys and warned them: the work is very hard, they have to build a letnik (summer house - author), carry logs, lay them down. And we cook for ourselves...
Alexander's fears were confirmed. In a month, Galnyshka did not even learn to start a motor boat. And I didn’t really learn how to communicate with people either. He talked to the fishermen, spreading his fingers: they say, who are you, but you know that I can... The workers got tired of this, and they drove him away.
“Then I asked for it a second time,” continues Alexander, “he came with my friend on a motorboat. He says: “Brothers, everything will be fine, take me back.” Well, we fools took him again. And again this nonsense began: “I can’t do this”, “I don’t want this”...
And here is a holiday - Paratrooper's Day. On August 1, fishermen flocked to the village for vodka. And the next day we decided to take a day off - have a drink and go to bed. We drank, the next morning we went for vodka again - we got a hangover. Galnyshka was going to Ulyanovsk on his own business. Alexander put him in the boat to give him a ride. And the fellow fishermen quietly said: “Take him away and tell him not to come here anymore.”
LAST WORDS
- Well, we drove for an hour or twenty hours; - says the fisherman, - you can already see the Old Main. There are four kilometers left. Then I told him: “Sasha, you know what... Don’t come again.” Well, we’re both exhausted – still drunk. Wrong, his pride was hurt, or perhaps his pride. He started to fight. Hit me in the face. And I hit him in the face. And we are already on the shipping lane, the wave is big... I say to him: “What are you doing? We'll turn over right now! We'll both drown! But he apparently didn’t like it all very much - both what I said and the fact that I also hit him in the face. He grabbed a kitchen knife from his boot and hit me twice. Here - under the heart. I feel it hurt, I’m bent over the steering wheel. I say: “What are you doing, have you gone crazy?” And he told me: “Right now, you bitch, I’ll finish you off!” And for the third time he swings. As I was, I suddenly fell on board. The boat rocked and he fell on his butt. He caught his hands on the sides. At that moment I pulled out a knife, hit him once and immediately threw the knife overboard, so that neither he nor I would do it again... I didn’t even immediately understand where I poked him. And then I look - he’s lying in the boat, and blood is flowing from his neck. He only said his last words: “Sanka, forgive me...”.
NOBODY WOULD FIND
The fisherman's first thought was to throw the corpse into the water. But he’ll turn up anyway, they’ll identify him, they’ll find out where he worked, and then it’s clear who saw him last. There's not a soul around. Nobody has seen. And the fisherman decided to bury his former friend in the forest. He did so, and then returned to the camp and started drinking. That's when the nightmares began...
“I didn’t dry out for ten days,” recalls Alexander, “it was scary to realize that I had killed a man.” And then the damper by the stove suddenly slams shut... Then suddenly I imagine: Sanya came and stood on the threshold. He stands there and doesn’t say anything. Apparently he asked: give me up. Then his mother started calling. I then thought: it’s better to return it to her. Let him cry once, rather than wait in vain all his life... On August 13, Sunday, Alexander asked his comrades to bring him to Ulyanovsk. Got out of the boat in the Zavolzhsky region. I went to see a friend and asked for some old clothes and some food. And with a ready-made set, he headed to the Zavolzhsky Prosecutor’s Office to surrender... Deputy Prosecutor Mikhail Leonov was on the spot. He listened to the fisherman and the very next day he equipped the expedition.
Having dug up the corpse, investigators from the prosecutor's office were convinced that the fisherman was telling the truth. There is only one wound on the body of the dead man - in the neck (apparently, the knife hit the carotid artery - in such cases it is almost impossible to save a person). Taking into account all these circumstances, investigators from the prosecutor's office came to the conclusion that the fisherman was not lying, and this murder was within the framework of necessary self-defense. Alexander was sent home. They didn’t even take a written undertaking not to leave the place - since he showed up himself, it means he won’t run away. All that remains is to wait for the results of the latest examinations and call it a day. As Alexander admits, from the day he handed over the body of his murdered comrade, he felt much calmer. And I no longer have terrible dreams. Apparently the deceased forgave him...
