Article 109 of the Criminal Code of the Russian Federation with comments. Punishment for causing death by negligence. Causes and Effects

1. Causing death by negligence -
shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

2. Causing death by negligence due to improper performance by a person of his professional duties -
is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to occupy certain positions, or engage in certain activities for a period of up to three years or without it.

3. Causing death by negligence to two or more persons -
shall be punishable by restriction of liberty for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary on Article 109 of the Criminal Code of the Russian Federation

1. Improper performance of professional duties by the perpetrator means the behavior of a person that does not fully or partially comply with official requirements or instructions imposed on the person.

2. If there is a special norm providing for liability for causing death due to improper performance by a person of professional duties, the special norm, and not the commented norm, is subject to application.

Another commentary on Article 109 of the Criminal Code of the Russian Federation

1. The legislator, quite rightly, did not include this crime among murders. Its severity does not allow us to talk about deliberately causing death. In this case, we are talking about the careless or frivolous behavior of the perpetrator, as a result of which the death of another person is caused. Such grave consequences are the result of gross indiscipline, carelessness and inattention of the perpetrator. With frivolity, we are faced with the fact that the culprit acts more dangerously; he deliberately violates certain rules, instructions, and takes unjustified risks. If the dangerous behavior of a person is carried out consciously, but the perpetrator acts at random, counting on sudden luck, and allows indifference to the consequences of his dangerous behavior, then we must talk about indirect intent, i.e. about a deliberate crime. The negligence with which the perpetrator acts must be distinguished from an incident of innocent causing of death, when the perpetrator foresaw the possibility of causing death to another person, but took all necessary measures to prevent it, and the death occurred for reasons beyond his control, or the person did not foresee the death, could not and should not have foreseen it.

2. When qualifying cases of death by negligence (Article 109 of the Criminal Code), it is necessary to remember about related elements, which also deal with negligence as the cause of death (Articles 124, 143, 215 - 217 of the Criminal Code, etc.). In the first case, causing death is the result of a gross violation of the normal rules of precaution in everyday life or on vacation. It is recognized that the culprit acted inattentively, carelessly, and frivolously. The legislator also provided for such behavior in the event of improper performance of one’s professional duties (Part 2 of Article 109 of the Criminal Code), which resulted in death due to negligence. In the second case, we are talking about special rules that provide for these consequences in case of violation of any instructions, rules in specific areas of activity (labor safety rules, fire safety) or as a result of failure to fulfill or improper performance of their duties by the so-called special subject (negligence of an official - Art. 293 of the Criminal Code).

Such an act is recognized as the most dangerous if it causes death by negligence of two or more persons (Part 3 of Article 109 of the Criminal Code). It seems that such consequences should occur simultaneously, and not follow one after another.

Despite the efforts being made, crime remains at a fairly high level. In recent years, the number of acts committed due to negligence has increased. This problem is becoming increasingly important today. It becomes one of the most important tasks requiring immediate solution.

A look at the problem

The most dangerous of the crimes in the above area is considered today to be causing death by negligence. This attitude is quite justified. Human life is the highest value for any democratic and legal state. Despite the fact that the main aspects of the problem are regulated in legislation, in practice quite a lot of questions arise regarding the process of qualifying an act and differentiating it from other offenses.

Article 109 of the Criminal Code of the Russian Federation

Causing death by negligence is an omission or an action that a person committed through thoughtlessness or negligence. The establishment of specific features of the composition is carried out by identifying the socio-psychological nature of behavior. Criminal law indicates that any crime, including the type under consideration, acts as a result of volitional and motivated activity. In this regard, two types of acts are distinguished: negligence and frivolity. Let's look at them in detail.

frivolity

There are various circumstances in which death by negligence may occur. Art. 26 Part 2 of the Criminal Code recognizes an act as committed out of frivolity in the case where the person guilty of it foresaw that his behavior (inaction/action) could lead to dangerous consequences for society, however, without sufficient grounds, out of arrogance he hoped to prevent them later. Such a crime has a volitional element. It consists of arrogant calculation. Simply put, the subject chooses a dangerous way to implement his plan due to his own delusion. Causing death by negligence, which is qualified by frivolity, is characterized as an act committed not only in hope, but also with the expectation of preventing negative consequences that may arise. Such situations occur quite often on highways. Causing death by negligence is a common consequence of road accidents, including those involving a pedestrian. For example, in icy conditions and poor visibility (blizzard, rain, fog, etc.), the car drove slightly faster than was allowed in this area. As a result, the driver did not notice the pedestrian walking along the poorly lit roadside in a drunken state. The car skidded and hit a citizen who died. In this case, the Criminal Code associates causing death by negligence with arrogance and frivolity.

Negligence

According to this criterion, the Criminal Code of the Russian Federation characterizes causing death by negligence as the commission of an act by a person who did not foresee the onset of negative consequences if he had the opportunity and obligation to anticipate them. In this case, the volitional element is that the person could have prevented the death of another citizen, but did not do so. But this fact must be established and proven. Examples of such cases include death due to medical error, violation of safety requirements by a contractor at a construction site, and so on.

Specifics of qualifications

Difficulties often arise in this matter. In criminal law there is such a thing as “intentional causing of death by negligence.” In this case, intent can be both direct and indirect. In both the first and second cases, the person who is guilty of the crime foresees the onset of consequences. However, it does not strive for them, does not desire them. At the same time, if there is indirect intent, the citizen nevertheless admits the probable death of the victim, but often shows indifference to this circumstance.

Article 109 of the Criminal Code “Causing death by negligence”: composition

Simple signs are given in part 1. The article also establishes the appropriate punishment for the person responsible for the crime. In particular, he is threatened with:

Correctional or forced labor. Their duration is no more than two years.
Restriction or imprisonment. The legislation also establishes a period of no more than 2 years.

The qualifying criteria are the circumstances resulting in the death of the person:

As a result of the guilty person performing his duties improperly.
Death was caused to two or more people.

Increased responsibility in the first case will be due to the fact that the crime was associated not only with the life of a person. This act also concerned social relations in the relevant professional environment. In addition, when investigating the circumstances, it is necessary to establish whether the suspect has knowledge of security requirements, special training, education, and so on.

Subjects of the crime

The article in question can be imputed to all persons over 16 years of age. In practice, the problem of identifying the subject of a crime often arises. The law enforcement officer, guided by certain factors, in certain situations must make appropriate decisions. This is necessary when:

It was established that in a particular place and at one time there were several persons present who committed the same illegal actions.
It was revealed that the damage caused to the victim was the result of only one illegal behavior.
It has been established for sure that any action could cause the death of a person, but by chance death occurred in only one.
It is impossible to determine in what illegal act a person lost his life.

In this case, it makes sense to give an example from foreign judicial practice. In France, at one of the trials, a decision was made that the driver was found guilty of reckless homicide of a pedestrian due to a collision. In this case, the passenger of the car received the status of an accomplice, since he incited the culprit to speed up.

Victim and criminal

In accordance with data from various studies, it has been established that, as a rule, a person guilty of an unlawful act is distinguished by a fairly wide range of various individual deformations. In particular, such people are diagnosed with mental retardation, alcoholism, organic brain disorders, psychopathy, and so on. As for the victims, they are divided into three categories:

Persons who come into conflict with the perpetrator or who oppose him.
Victims with victimized (provoking) behavior.
Persons whose actions are not connected in any way with the crime committed.

It should be said that, according to statistics, doctors, concrete workers, drivers, crane operators and other similar specialists are most often the perpetrators of crimes in the professional sphere. Approximately half of the acts are committed while intoxicated (under the influence of drugs or alcohol).

Causing death by negligence –
shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

Part 2 art. 109 of the Criminal Code of the Russian Federation

Causing death by negligence due to improper performance by a person of his professional duties –
is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to occupy certain positions, or engage in certain activities for a period of up to three years or without it.

Part 3 art. 109 of the Criminal Code of the Russian Federation

Causing death by negligence of two or more persons –
shall be punishable by restriction of liberty for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary to Art. 109 of the Criminal Code of the Russian Federation

Commentary edited by Esakova G.A.

1. The crime under analysis differs from murder only in the form of guilt.

2. Improper performance of professional duties by the perpetrator means the behavior of a person that does not fully or partially comply with official requirements or instructions imposed on the person.

3. If there is a special norm providing for liability for causing death due to improper performance of professional duties by a person (for example, Part 2 of Article 143, Part 2 of Article 216 of the Criminal Code), a special norm is subject to application.

Commentary on Article 109 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. Causing death by negligence is not a type of murder, but is a separate independent crime. The main difference from murder is a different form of guilt in relation to the occurrence of death. Causing death by negligence can be committed through thoughtlessness or negligence.

2. The subject of death caused by negligence may be a person who has reached the age of 16 years.

3. Part 2 art. 109 of the Criminal Code provides for a more dangerous type of this crime: causing death by negligence due to improper performance by a person of his professional duties, and Part 3 – causing death by negligence to two or more persons.

Commentary on Article 109 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantova

Causing death by negligence in the current legislation is identified as an independent crime. The characteristics of the object of this crime are identical to the characteristics of the main element of murder discussed above.

The objective side is expressed in the act in the form of action or inaction, consisting of a violation of the rules of household or professional precautions, consequences in the form of the death of the victim and the causal connection between them. Responsibility for “gross negligence” (violation of the rules for handling weapons, hunting rules, etc.), which included a real danger to human life, but did not actually lead to death, Art. 109 of the Criminal Code of the Russian Federation is not provided for.

To qualify the offense under Art. 109 of the Criminal Code of the Russian Federation and the delimitation of careless causing of death from other crimes, it is important to establish that the death of the victim occurred precisely as a result of careless actions that were not objectively aimed at taking life or causing serious harm to health, which is established based on the instruments and means of committing the crime, the nature and localization of injuries, relationships between the perpetrator and the victim and other circumstances of the case. Practice establishes signs of careless death in punching the head in a fight, carelessly introducing a toxic substance into the victim’s body instead of medicine, the actions of a dog breeder who unleashed guard dogs near a populated area, gross violation of the rules for handling weapons, etc. .

The subjective side of the crime under Art. 109 of the Criminal Code of the Russian Federation, is characterized by guilt in the form of negligence. When committing a crime out of frivolity, the perpetrator foresees that as a result of his act the death of the victim may occur, but he arrogantly hopes to prevent it. When committing a crime through negligence, the perpetrator does not foresee the possibility of death, although according to the circumstances of the case he should have and could have foreseen.

When qualifying a crime on subjective grounds, it is very difficult to distinguish between murder with indirect intent and causing death due to frivolity. The main difference is seen in the absence in the case of intent and the presence in the case of negligence of a specific, objectively justified calculation to prevent consequences; in addition, in case of murder, the perpetrator foresees the likelihood of death from his own actions, and in case of negligence, the possibility of death in a similar, but not in his own situation.

An incident should be distinguished from careless causing of death - innocent causing of harm, when a person did not foresee, should not have and could not foresee the possibility of consequences in the form of death (see commentary to Article 28 of the Criminal Code of the Russian Federation).

The subject of causing death by negligence is a general person - a physically sane person who has reached the age of sixteen; Criminal liability of persons aged fourteen to fifteen years for this act is excluded.

The qualifying signs of causing death by negligence are: causing death due to improper performance of professional duties and causing death to two or more persons (parts 2, 3 of Article 109 of the Criminal Code of the Russian Federation).

Improper performance of professional duties means a deliberate or careless violation by a person of official requirements and standards for his professional practice. To qualify, it is necessary to indicate exactly what the violation of the rules of professional activity was and whether this violation is causally related to the consequence of death.

The subjective side of this crime is determined by a careless attitude to the consequences when a person violates professional rules. If the violation of the rules was a way of realizing the intent to deprive the victim of his life, the act must be qualified as murder (clause 4 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated April 23, 1991 No. 1 “On judicial practice in cases of violations of labor protection and safety rules in mining , construction and other works”).

The subject of this crime is a special one - a person who, by virtue of his profession, is obliged to comply with certain rules and standards. Responsibility of a special subject under Part 2 of Art. 109 of the Criminal Code of the Russian Federation is excluded if: a) the consequence in the form of death occurs subject to compliance with professional standards from other causes; b) violation of professional rules is caused by considerations of extreme necessity or justified risk; c) in case of violation of professional rules, the person did not and should not have foreseen the possibility of consequences in the form of death. If compliance with special rules of professional activity was imposed on a person erroneously, on false grounds or arbitrarily, without proper permission, then violation of these rules, which resulted in death by negligence, cannot be qualified under Part 2 of Art. 109 of the Criminal Code of the Russian Federation, which does not exclude liability under Part 1 of Art. 109 of the Criminal Code of the Russian Federation, if the person’s act consists of violating the norms and rules of precaution of a general nature, which objectively and subjectively could have been observed by him.

Part 2 Art. 109 of the Criminal Code of the Russian Federation is a general rule in relation to some other provisions of the law (Part 2 of Article 124, Part 2 of Article 215 of the Criminal Code of the Russian Federation, etc.), and therefore possible competition due to the requirements of Part 3 of Art. 17 of the Criminal Code of the Russian Federation should be resolved in favor of a special norm.

Causing death by negligence to two or more persons means the actual deprivation of life of more than one victim, and it does not matter whether the acts are committed simultaneously or at intervals in time. The infliction of death by negligence on one victim and grievous bodily harm on another must be qualified if there are grounds for this based on the totality of crimes provided for in Part 1 or 2 of Art. 109 and part 1 or 2 art. 118 of the Criminal Code of the Russian Federation

Careless causing of death in a number of articles of the Special Part of the Criminal Code of the Russian Federation is provided as a qualifying element of the crime (for example, Part 4 of Article 131, Part 2 of Article 205 of the Criminal Code of the Russian Federation, etc.). In other crimes, careless causing of death may be characterized by such a qualifying feature as the onset of grave consequences. In these cases, causing death is covered by a compound crime and additional qualifications under Art. 109 of the Criminal Code of the Russian Federation does not require it. However, if such a qualifying feature is absent, the offense is subject to assessment based on the totality of crimes. Thus, if, as a result of careless handling of fire, resulting in the destruction or damage of someone else’s property, the death of a person occurs, the actions of the perpetrator must be qualified collectively as causing death by negligence and destruction or damage to property by negligence (clause 11 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 5, 2002 No. 14 “On judicial practice in cases of violation of fire safety rules, destruction or damage to property by arson or as a result of careless handling of fire”).

Due to the careless nature of the crime as part of the crime provided for in Art. 109 of the Criminal Code of the Russian Federation, complicity in it is impossible. The actions of the perpetrator, although they did not directly cause the death of the victim, but were expressed in the creation by negligence of conditions that contributed to the infliction of death on the part of a third party, are subject to qualification as careless infliction of death.

Video about the station. 109 of the Criminal Code of the Russian Federation

Full text of Art. 109 of the Criminal Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 109 of the Criminal Code of the Russian Federation.

Commentary on Article 109 of the Criminal Code of the Russian Federation

1. Composition of the crime:
1) object: social relations ensuring the safety of human life;
2) objective side: expressed in a certain action or inaction that violates certain rules of precaution and as a result causes the death of another person, in which the death of the victim is in a causal connection with the act of the perpetrator;
3) subject: an individual who had reached 16 years of age at the time of committing the crime, and according to Part 2 of Art. 109 of the Criminal Code of the Russian Federation, a special subject (a person of a certain profession who performs his functions in accordance with this profession);
4) subjective side: characterized by careless guilt in the form of criminal frivolity (arrogance) or criminal negligence.

Causing death through thoughtlessness occurs if a person foresaw the possibility of its occurrence as a result of his actions (inaction), but without sufficient grounds for this he arrogantly counted on its prevention. Causing death by negligence means that a person did not foresee the possibility of its occurrence as a result of his actions (inaction), although with the necessary care and forethought he should and could have foreseen it.

The qualifying elements of a crime include the same act committed:
- due to improper performance by a person of his professional duties (Part 2 of Article 109 of the Criminal Code of the Russian Federation);
- in relation to two or more persons (Part 3 of Article 109 of the Criminal Code of the Russian Federation).

2. Applicable law:
1) Constitution of the Russian Federation (Article 20);
2) International Covenant on Civil and Political Rights (Article 6, paragraph 1);
3) European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 2).

3. Judicial practice:
1) Resolution of the Supreme Court of the Russian Federation dated June 15, 2006 N 14 “On judicial practice in cases of crimes involving narcotic drugs, psychotropic, potent and toxic substances” clarifies that the negligent infliction of death or serious harm to human health is not covered by Part 4 Art. 234 of the Criminal Code of the Russian Federation. In these cases, the actions of the perpetrator entail liability for a set of crimes provided for in Part 4 of Art. 234 of the Criminal Code of the Russian Federation and the relevant parts of Art. 109 of the Criminal Code of the Russian Federation or;
2) by cassation ruling of the RF Armed Forces dated August 24, 2011 No. 49-O11-78, the sentence against gr.G. was changed. with the reclassification of his actions to Part 1 of Art. 109 of the Criminal Code of the Russian Federation;
3) by the verdict of the Bodaibo City Court of the Irkutsk Region dated March 16, 2012, gr.B. found guilty of committing a crime under Part 1 of Art. 109 of the Criminal Code of the Russian Federation. As established by the court, gr.B. caused death by negligence under the following circumstances: 01/29/2012 in the period from 06:00 to 08:30, gr.B. and gr.L. were in the apartment at the address where they were drinking alcohol. While drinking alcoholic beverages, gr.L. began to demonstrate gr.B. knife handling technique, mentioning that this knife is a throwing knife. After which gr.B. took a wooden cutting board and offered it to Gr.L. throw a knife at this board, to which gr.L., refusing this, took the specified board from gr.B. and offered to throw the knife at the above-mentioned cutting board himself, to which the latter agreed. After which gr.L. went out into the corridor of the above-mentioned apartment and began to hold the cutting board at the level of his stomach, and Gr.B., standing near the kitchen opening opposite Gr.L. and not foreseeing the death of Gr.L. from his actions, although with the necessary care and foresight he should and could have prevented these consequences, he threw the above knife with force in the direction of Gr.L., who at that time was holding a cutting board, intending to hit This board, however, was hit by a knife blade in the left thigh of Gr.L., as a result of which the victim Gr.L. received bodily injuries in the form of: a stab wound to the left thigh area with damage to the artery, accompanied by acute blood loss; stab wound to the anterior surface of the left thigh in its upper third at the border with the left groin area with damage to the left femoral artery, hemorrhage into the soft tissue of the thigh along the wound canal, death gr.L. is directly causally related to this injury. As a result of the careless criminal actions of gr.B. death of gr.L. occurred on January 29, 2012 at 11:20 a.m. in an ambulance while transporting Gr.L. in the Central District Hospital***, from a stab wound to the left thigh with damage to the femoral artery, accompanied by acute blood loss. The court appointed gr.B. punishment in the form of correctional labor for a period of 1 year 6 months with deduction of 15% from the wages of the convicted person to the state income. By virtue of

New edition of Art. 109 of the Criminal Code of the Russian Federation

1. Causing death by negligence -

shall be punishable by correctional labor for a term of up to two years, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or imprisonment for the same term.

2. Causing death by negligence due to improper performance by a person of his professional duties -

is punishable by restriction of freedom for a term of up to three years, or forced labor for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for the same term with deprivation of the right to occupy certain positions, or engage in certain activities for a period of up to three years or without it.

3. Causing death by negligence to two or more persons -

shall be punishable by restriction of liberty for a term of up to four years, or forced labor for a term of up to four years, or imprisonment for the same term with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

Commentary on Article 109 of the Criminal Code of the Russian Federation

1. Unlike the Criminal Code of the Russian Federation of the RSFSR, the current Criminal Code of the Russian Federation does not refer to reckless deprivation of life. In addition, the criminal code for this crime is differentiated - parts 2 and 3 have been introduced.

2. The object of a criminal attack is human life. The victim here can be any person.

3. From the objective side, causing death by negligence consists of an action or inaction that is the cause of the result, and the result itself - the death of a person. The culprit violates the established rules of conduct in everyday life, at work, etc., which in a particular case leads to the death of the victim. For example, an unauthorized connection is made to faulty gas appliances in an apartment, resulting in an explosion that results in the death of one or more residents of the apartment or house.

4. Material elements of the crime. The crime is considered completed from the moment the consequences occur (the death of the victim). In addition to the fact of violation of generally accepted rules of precaution by a person and the occurrence of death, it is necessary to establish a cause-and-effect relationship between these phenomena.

5. Subjective side - negligence in the form of causing death through frivolity or negligence: the guilty person, violating the rules of precaution, foresaw the possibility of the death of the victim, but without sufficient grounds, he arrogantly counted on preventing such a result (frivolity) or did not foresee the possibility of his own actions (inaction) leading to a fatal outcome, although with the necessary care and forethought it should and could have been foreseen (negligence). If a person should not have or could not have foreseen the death of the victim as a result of his behavior, the CR is excluded due to the innocent infliction of harm (Article 28).

6. In a number of articles of the Special Part of the Criminal Code of the Russian Federation, causing death by negligence is also a sign of a crime (Articles 123, 167, 218, 224, etc.). In such cases, life is not the main thing, as in the commentary. article, but an additional (sole or alternative) object, and there are other actions that violate the main object.

7. The signs that differentiate liability in part 2 are the improper performance by a person of his professional duties, and in part 3 - causing death by negligence to two or more persons.

8. Improper performance of professional duties by a guilty person is understood as the behavior of a person that does not fully or partially comply with official regulations, requirements imposed on him when performing professional functions (medical or pharmaceutical worker, electrician, crane operator, etc.).

9. Since the Criminal Code of the Russian Federation has a special norm providing for punishment for causing death due to improper performance of professional duties by a person, this norm is subject to application (Articles 124, 143, 216, 217, etc.), and not Art. 109.

10. The subject of a criminal offense is a sane individual who has reached 16 years of age.

11. The acts described in parts 1 and 2 of the comment. articles fall into the category of crimes of medium gravity.

Another comment on Art. 109 of the Criminal Code of the Russian Federation

1. The crime under analysis differs from murder only in the form of guilt.