Topic 17. Criminological characteristics of crimes committed through negligence

Crimes committed through negligence are a special section of crime. The criminal codes of many countries provide for arrays of reckless crimes. Legislators approach the punishment of careless criminals in the same way, separating them from deliberate criminals.

Careless guilt can be of two types:

▪ negligence, i.e. when a person does not foresee the harmful consequences of his actions and does not want them to occur;

▪ arrogance, when a person understands that harmful consequences may occur, but hopes that he himself will prevent them or they simply will not occur.

At first glance, it is easy to separate intent from negligence, but with a more serious analysis of this problem, difficulties arise. So, having considered the criminological (i.e., qualitative) characteristics of careless crime, it is easy to separate intentional and careless murder (or bodily harm of varying severity). But after all, the death of a person can occur, for example, from improper or untimely treatment, while the doctor had the opportunity to provide assistance in a timely manner and was obliged to do it efficiently. Death can also occur as a result of a car hitting a person, and this, in turn, can be a consequence of the poor condition of the road, and insufficient lighting, and vehicle malfunctions, etc.

Scientific and technological progress has also affected the "quality" and "price" of careless crimes. It is not uncommon for an inventor to encounter unforeseen negative consequences of his invention, which can lead to more serious consequences than with intentional crime. And this can affect not only the creator of technology, but also the people around him. New technical devices, insufficiently purified medicines gradually destroy the human body and adversely affect the environment. What and whose actions are considered criminal in such cases are not idle questions, and they are far from always satisfactorily resolved by the legislator, although it is in the conditions of technological progress that the number of careless crimes is growing rapidly and the damage from them is increasing.

Everyone knows that security breaches have a very high latency. Violation, even careless, of the rules for handling (storage, carrying, etc.) with weapons can also lead to human casualties. One of the worst examples of criminal negligence is the accident at the Chernobyl nuclear power plant. Poor quality construction without taking into account the seismicity of the region on about. Sakhalin caused a tragedy during the earthquakes in 1995 and early 1996. It became the norm when new settlers were forced to repair a new apartment, a month ago "ahead of schedule" handed over by builders to "good" and "excellent". And how dangerous is the release of low-quality equipment? Up to 30% of produced domestic cars are subject to reclamation. Even more dangerous for the population is the release of low-quality goods, products and medicines.

The area of ​​public practice most affected by careless crime is transport. Every year, approximately 60 million car accidents occur in the world. In 1994 in Russia, more than 160 thousand people died and 32 thousand were injured in almost 174 thousand road accidents. According to the structure of this type of crime, 81,9 thousand serious road accidents occur among drivers of private vehicles. The mortality rate from transport accidents is one of the highest. There are many reasons for this, but the main disaster for traffic safety is alcohol. Thus, in 1994, every fourth road accident was committed by persons who were intoxicated.

These sad statistics show that the grave consequences of careless crime are explained by the rapid development and saturation of the human environment with new technology, the unpreparedness of many people to master this technology, to manage it, neither in terms of their level of education, readiness to work with complex systems, nor from the standpoint of psychological, and in certain cases, physical. Specialists of criminal law justifiably talk about criminal negligence in general and professional negligence in particular, caused by a lack of professionalism, technical and moral overload of a person.

Thus, reckless crime is a special kind of crime, and the criminals themselves do not at all look like criminals, and yet they are criminals. Careless crime can never be justified. And there is no need to talk about the elimination of this type of crime at all, since it is tightly connected with the individual characteristics of the individual, with the life and development of society. At the same time, everyone in his place can deal with the prevention of this type of crime.

Measures to prevent reckless crime are: compliance with traffic rules; driving while sober; following the rules of safety in the workplace; compliance with the rules for the storage and use of weapons and ammunition, etc.

Authors: Vasilchikova N.V., Kukharuk V.V.

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