I. Yanina

The Concept and Features of Careless Infliction

2016. No. 2. P. 65–73 [issue contents]
The article discusses the problem of careless criminal activities carried out by several people, from the position of a special kind of criminal law infliction. The article determines the legal nature of multipersonal careless crimes. The analysis of existing scientific categories of negligent infliction may help toform an idea about its features. The author proposes to change the name of reckless criminal activity of two or more persons — instead of the traditional concept of careless co-infliction you can use thename of the negligent infliction. The terms infliction, participation and consistency are relevant only to intentional crimes committed in complicity. It marked contiguous nature of the crimes carried out by negligence, the infliction, and crimes committed in complicity. The study of the concept of negligentinfliction showed that in theory the authors of this form of criminal behavior in general understood it inthe same way. Author disagrees with the position of forensic scientists who consider reckless and deliberateforms of criminal activity as a number of subjects that are identical to penal phenomenon. He hasformulated definition (doctrinal and legislative) of negligent infliction. Also author gives an exhaustivelist of characteristics of reckless criminal activity of two or more persons, — careless form of guilt; interconnected and interdependent nature of the offense committed by the causer; careless criminal result,was the result of careless or negligent acts of a few individuals. Particular lexical interpretation is givento two signs of negligent infliction, such as the interrelatedness and interdependence. Present-day academic point of view of the need to secure the careless infliction at the legislative level is confirmed. The study demonstrates that often when making careless actions convicted by a few persons, criminal liability comes only to one of these entities. In order to be able to prosecute all the participants of carelessinfliction it should be consolidated in the text of the Criminal Code. The place of imprudence in the structure of the General Part of the Criminal Law — Chapter 71 of the Criminal Code, «Special formsof inflicting» in Art. 363 «Negligent infliction».
Citation: Yanina I. (2016) Ponyatie i priznaki neostorozhnogo prichineniya [The Concept and Features of Careless Infliction]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 2, pp. 65-73 (in Russian)
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