What is the cause of death through negligence?

Causing death by negligence refers - in accordance with Russian law - to crimes of minor gravity, despite the deplorable consequences that it carries with it. What is this act and what punishment is awaiting for the person who committed it? This article is about this.

Causing death by negligence: composition

In the criminal law doctrine for more convenience and facilitation of the qualification of the wrongful act, such a notion as the composition of a crime has been introduced and elaborated . This category includes all the most important objective and subjective signs of each specific type of criminal action. These include the object, the subject, the objective and the subjective side. Consider the causing of death by negligence under the prism of these characteristics.

An object

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

The article describing this action refers to chapter 16, which includes all crimes that infringe upon the life or health of people. With regard to our situation it will be more reasonable to speak only about the first object. It is hardly possible to damage the health of a deceased person.

The objective side

This characteristic includes a description of the most perfect act. It is an act of inaction, found its expression in the unlawful deprivation of the life of another person, which subsequently led to his death. At the same time, death means death of the brain.

The subjective side

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

Subject

A person who can be liable for such an act as causing death by negligence must have certain characteristics. These include age (16 years), as well as sanity. If the person does not possess such qualities, then in that case it can not be punished for the act committed by him.

Punishment

The responsibility for such a crime under Russian law is an alternative, that is, the court has the right to choose independently from several sanctions envisaged by the relevant article when passing sentence. So, it can be corrective or forced labor, as well as restriction or imprisonment. The time limit 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 offender.