Inadvertent death

In the legislation of the RSFSR and the Union republics of the USSR , until the collapse of the Soviet Union , careless death was officially called “Assassination by Negligence” and in that wording was included in the RSFSR Criminal Code of 1960 (Article 106, “ Assassination by Negligence”). Thus, any infliction of death to another person was qualified as “murder,” the circumstances of the infliction of death and its subjective side were determined by clarifications: “intentional,” “in a state of great emotional disturbance caused by the illegal actions of the victim,” “if the limits of necessary defense are exceeded,” "By negligence."

Currently, in Russian legal terminology, “murder” refers only to intentional death, that is, legally, in accordance with the Criminal Code, “murder by negligence” cannot exist, since the concept of “murder” already indicates a form of guilt in the form of intent causing death, careless can be, therefore, only causing death.

in the Criminal Code of the Russian Federation

Definition

The cause of death by negligence is recognized in the Criminal Code of the Russian Federation as an action or inaction that objectively led to the death of another person, but committed not intentionally, but as a result of negligence, that is, when the perpetrator did not foresee, although he could and should have foreseen that his action would lead or may lead to the death of another person (criminal negligence); either he foresaw, but unreasonably assumed that this would not happen, or hoped to avoid it (criminal frivolity).

Thus, causing death by negligence differs from intentional killing in the absence of intent or conscious assumption of causing death, and from innocent causing of death in the fact that the cause of death has sufficient reasons to believe that his behavior is dangerous to the lives of other people.

Commentary on the Criminal Code delimits causing death by negligence from accidental causing of death (for which criminal liability is excluded), applicable in cases of:

1. if a person foresaw the possibility of causing death to another person and, not wanting this, took all necessary, in his opinion, measures to prevent the onset of death, but death occurred for reasons beyond his control;
2. if a person did not foresee, could not and should not have foreseen the death of another person.

Punishment

Since ancient times, the criminal law of most states has shared the notion of intentional and reckless infliction of death, and has imposed a milder sentence for the latter. So in the modern Criminal Code of the Russian Federation there is “Article 109. Causing death by negligence”, which contains an easier sanction in the article’s sanction than for murder (article 105 of the Criminal Code, up to the death penalty):

• Correctional labor, or restriction of liberty, or imprisonment for up to two years.
• Restriction or imprisonment of up to three years - if death was caused as a result of improper performance by the guilty of their professional duties.
• Restriction or imprisonment of up to four years - if the death was caused to two or more persons.

Also, in the last two cases, the perpetrator may be prohibited from engaging in certain activities or holding certain positions for the same maximum period.

in the Criminal Code of Ukraine

In the Criminal Code of Ukraine, causing death by negligence (Article 119, UK . Driving through negligence ) is punishable by restriction of liberty for a term of 3 to 5 years, or by imprisonment for the same period, and causing death by negligence to two or more persons - by imprisonment for a period of 5 to 8 years ^[1] .

in the USA

Manslaughter in the United States is treated in a similar way.

• film " In broad daylight ... " (1982)