Causing death through negligence – essence, penalties, defense
What constitutes negligent homicide?
Taking a human life is the most serious offense against the individual, which is why, in addition to intentional homicide, the legislator has also criminalized cases of causing death through negligence in the Penal Code.
The difference between intentional murder and manslaughter lies in the form of guilt. Manslaughter is characterized by the fact that the perpetrator does not intend to cause death. Unlike intentional murder, where the perpetrator either directly aims to kill or accepts and agrees to this result, here the perpetrator does not foresee the occurrence of death or is certain that it will not occur.
Carelessness can manifest itself as negligence or overconfidence. When death is caused by negligence, the perpetrator did not foresee its occurrence, but in the specific case was obliged and able to foresee it. When the perpetrator was obliged to foresee the occurrence of death is assessed according to the provisions of the applicable law. The assessment of whether they could have foreseen the result will depend on the specific subjective ability of the person and on the specific factual circumstances that allowed the perpetrator to draw the necessary conclusion, expressed in the form of foreseeing the consequences.
When death is caused by overconfidence, the perpetrator has foreseen the probable occurrence of death, but has been subjectively confident and certain that it would not occur. In this case, in the mind of the perpetrator there were formed general representations a27> about the possible occurrence of socially dangerous consequences of his action, but at the same time he is confident that they will not occur. The subjective confidence of the actor is that this death will not occur. a48> occur. This confidence however turns out objectively unfounded precisely because of incorrect assessment of significant factors, as the actor has overestimated certain circumstances or his own capabilities, or has underestimated others.
Important! The law provides for a circumstance that excludes the punishability of negligent homicide committed by a mother against her unborn or newborn child. Only the mother can benefit from this privilege, and only if the act was committed during or immediately after childbirth.
Penalties for causing death through negligence. Defense.
The punishment, which is prescribed for causing death through negligence, is deprivation of liberty for up to a9> five years.
In cases of manslaughter, even if it is not a serious crime, the possibility of applying the institution of exemption from criminal liability with the imposition of an administrative penalty is excluded. The application of this institution is inadmissible when death has been caused. The form of guilt is irrelevant – it can be either intentional or negligent.
In the case of causing death through negligence it is not a5> it is possible to conclude an agreement, since the law expressly excludes it. Here the form of fault is also irrelevant.
However, in the presence of exceptional or multiple mitigating circumstances, the sentence of imprisonment for causing death by negligence may be replaced with probation. Proving the existence of such circumstances is the task of the defendant’s defense attorney.
If the court imposes a sentence of up to three years’ imprisonment in cases involving charges of causing death by negligence, it is possible to impose a suspended sentence if the other conditions for this are also met. However, if the court imposes the maximum sentence provided for by law (up to five years’ imprisonment), the sentence will be served effectively.
If the defendant admits all the facts set out in the factual part of the indictment act, and agrees to a11> not gather evidence for these facts, he may to use the opportunity to conduct a abbreviated judicial proceedings before the first instance. Abbreviated judicial proceedings shall not be admitted only in the case of intentional causing of death, due to which in the case of causing death through negligence on the part of the general public grounds the same would have been permissible, if there are and the other prerequisites for this. The privilege, which the defendant will be able to use in this scenario is determined by the court punishment deprivation of liberty to be be reduced by one third.
Of course, an acquittal may also be handed down, but in each individual case, a specific and thorough assessment of the evidence gathered must be made in order to build a proper line of defense.
An acquittal may be reached if the act was accidental.
When is an act accidental? – When all elements of negligence, taken together, are absent. An accidental act may be considered to have occurred when the perpetrator was not obliged
Qualified cases of causing death through negligence
Negligent homicide is punishable by a heavier penalty in cases where:
- death was caused by a firearm;
- death was caused by a highly potent poisonous substance;
- in the event of causing the death of two or more persons or more persons.
In these cases, the punishment is imprisonment for one to six years. The same punishment is provided for manslaughter due to professional negligence.
Murder due to professional negligence
Professional negligence is not a third type of negligence. It can also manifest itself as negligence or overconfidence. It is called “professional” because it is related to the practice of certain professions or activities that pose an increased risk and manifests itself in non-compliance with special rules established for the practice of the profession or activity in question. Failure to comply with these rules may be due to ignorance or carelessness.
A particular feature of manslaughter due to professional negligence is that the perpetrator can only be a person who is legally qualified to perform the occupation/activity. Lack of legal qualification is an aggravating circumstance, for which a more severe punishment is provided.
author: Junior Attorney Iveta Vuleva
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