Author

Salimgareeva A.R.

Title of article

Criminal liability for negligent joint causing harm

Section

Section 3. Criminal Law

Issue, year

1 (35) 2016

Abstract

The author analyzes the institute of negligent joint causing harm, which involves joint actions (omission) of two or more persons that resulted in single socially dangerous consequences or created a real threat of their occurrence by negligence. The public danger of this institute is caused by the fact that such encroachments are complicated by objective indicators of their execution, that often causes deaths, infliction of harm to people’s health, property destruction (the growth of such crimes is due to the increase of technical equipment of all spheres of human activity and degree of impact on the environment). Moreover, the dissemination of negligent joint causing harm within the existing criminal law is large enough to talk about a special legislative regulation of the limits of liability for this type of socially dangerous acts in the General part of the RF Criminal Code. It’s argued that the absence of special rules leads to incorrect qualification. As a result, not all accomplices are brought to liability or the persons having no direct relation to the committed act are wrongly convicted. Legislative consolidation of the analyzed institute is proposed: “the crime is considered committed by negligent joint causing harm if joint actions (omission) of two or more persons being the subjects of crime resulted in single socially dangerous consequences or there was a real threat of their occurrence by negligence”. Being legislatively fixed, this institute will serve as one of the grounds for bringing persons obliged to observe established rules and requirements by nature of their activities to liability for criminal behaviour. 

Keywords

qualification of crimes, negligent joint causing harm, liability, regulation, socially dangerous consequences.