What is the cause of death through negligence?

Causing death by negligence refers to - inin accordance with the Russian legislation - to crimes of small severity, despite the dire consequences that it carries. What is this act and what punishment awaits the person who committed it? About this article.

Causing death by negligence: composition

In the criminal law doctrine for moreconvenience and ease of qualification of a wrongful act introduced and elaborated such a thing as a corpus delicti. This category includes all the most important objective and subjective signs of each specific type of criminal action. These include object, subject, objective and subjective side. Consider causing death by negligence under the prism of these characteristics.

An object

This category describes whatharm is done, damage committed by a crime. As a rule, the object is indicated by the name of that chapter of the criminal law in which the specific norm has found its place. In this case, it concerns such a wrongful act as causing death by negligence.

Статья, содержащая описание данного действия, relates to chapter 16, which includes all crimes that infringe on the life or health of people. With regard to our situation, it would be wiser to talk only about the first object. It is hardly possible to harm the health of a deceased person.

The objective side

This feature includes a description.the most perfect act. It represents the action or inaction, which is expressed in the unlawful deprivation of the life of another person, which subsequently led to his death. In this case, death means the death of the brain.

The subjective side

This category describes the attitude of the offender.to the act that he committed. Such a crime as causing death by negligence can take place only if the person who committed it acted without intent. That is his fault - reckless. It can be expressed in frivolity or negligence.

Subject

A person who may be liablefor such an act as causing death by negligence, must have certain characteristics. These include age (16 years old) and sanity. If a person does not possess such qualities, then he cannot be punished for the act committed by him.

Punishment

Responsibility for such a crimeRussian law is an alternative, that is, the court, when sentencing, has the right to independently choose from several sanctions provided for by the relevant article. So, it can be correctional or forced labor, as well as restriction or imprisonment. The term for such punishments is limited to two years. The choice of a specific sanction depends on additional signs that may indicate a greater or lesser public danger of the criminal.