In the legislation of the Russian Federation, the crime of “manslaughter” is included in the article “Causing death by negligence”. Such a concept means the onset of death not at the request of the offender. For an act to fall under the article of the Criminal Code “Premeditated Murder”, it is necessary that the actions or omissions of a person are the cause of death.
About the proof
It is mandatory to prove that actions or omissions were committed without the corresponding intention. That is, a person should not have the intention to provoke the death of another person. Often, the article “Manslaughter” includes cases when a person exceeds self-defense, is in a state of passion.
When choosing a preventive measure, circumstances that could mitigate guilt are taken into account. In the article of the Criminal Code of the Russian Federation "Manslaughter", imprisonment of up to 3 years is indicated as punishment.
If the negligence of employees of any service has led to the death of a person, the maximum term may be increased to 5 years.
Signs
Among the main signs of manslaughter is the lack of a person's intention to kill. He had to be sure that he would not provoke someone else's death. In addition, to qualify an act as unintentional, it is important that the accused cannot prevent the onset of death.
Typically, the cause of death of the victim is the physical or mental characteristics of the offender, nervous overload, with which he could not cope. Manslaughter is considered to be committed at the moment when the victim dies.
About communication actions and consequences
In all cases when it comes to murder, the importance of establishing the fact of a causal relationship between actions and consequences comes to the fore. For example, if the victim dies due to an unintentional act, this is considered based on a special part of the Criminal Code.
Frivolity and negligence
It is important to consider that guilt inadvertently qualifies as frivolity or as negligence. Frivolity lies in the fact that the offender is aware of the possibility of the consequences of his actions, but believes that he will be able to prevent them. He acts dangerously, relying on his own qualities.
For example, this applies to drivers who accelerate to great speed while sitting behind the wheel of a car. This is the clearest example of potential accused of frivolity crime. At this moment, they rely on their experience, believing that they will be able to avoid the negative consequences that are actively provoked by such a driving style.
Negligence lies in the fact that the offender does not foresee the consequences of action or inaction, despite the fact that he has an obligation to foresee.
The difference between killing by negligence
The main difference between the accused who commits the manslaughter is that he wanted to prevent negative consequences. The person who had the intention, consciously directs his actions or inaction to create these consequences. There are also cases when he does not care what happens next.
For manslaughter in Russia begin to be judged from the age of 16. While a similar crime is deliberately considered in court in respect of citizens who have reached the age of 14 years.
The main article of the Criminal Code of the Russian Federation containing information on manslaughter is 109. It contains three sections. The first contains information on liability for a simple crime with minimal punishment.The latter may consist of corrective labor, imprisonment, forced labor for a period of 2 years.
The second section contains information on the punishment for negligence - for example, in the course of driving or in the course of the performance of official duties by a doctor. Here the punishment is more serious - there is no correctional labor, only imprisonment and forced labor for up to three years. In addition, the accused may be prohibited from certain forms of activity. The term in this case is the same.
The third section also contains an aggravating sign - the death of more than one person. In this case, the sentence can be up to 4 years. A ban is also imposed on certain activities for up to 3 years.