Дифференциация уголовной ответственности за неосторожное причинение смерти или тяжкого вреда здоровью с выделением квалифицирующего признака

Abstract

Attention is paid to the specifics of criminal liability differentiation, taking into account the criminal law theory. It is stated that in our case, it is applicable to an act associated with causing death by negligence (Article 109 of the Criminal Code of the Russian Federation), as well as infliction of grievous bodily harm by negligence (Article 118 of the Criminal Code of the Russian Federation), differentiation takes place taking into account the subject of the crime (a person who improper performance their professional duties; as a rule, these are medical staff). Thus, a person violates certain rules that are aimed at saving and protecting life. As a result, by the nature of his profession, he could foresee the onset of death or the infliction of grievous bodily harm and prevent the situation, provide appropriate assistance. Attention is focused on the features of bringing these subjects to criminal liability in determining the causal relationship. It is possible to talk about harm to health or death, if only the doctor performs specific actions (and does not refrain from actions) that worsen the patient’s condition. However, there are grounds for excluding the involvement of persons who improperly perform their professional duties. For example, in the case when a person complied with all the rules of conduct corresponding to his professional activity, however, death occurred, but for other reasons and grounds that arose, or in a similar way, the victim suffered serious bodily harm, etc. It is emphasized that the further development of the differentiation of criminal liability for crimes by negligence associated with the infliction of grievous bodily harm or death, with the allocation of qualifying features, is especially significant today.