Improving legal regulation when involved to criminal liability for causing death by negligence
Автор: Dmitrieva Anna V.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Трибуна молодого ученого
Статья в выпуске: 4 (65), 2021 года.
Бесплатный доступ
The article is devoted to the issues of improving the legal regulation of criminal prosecution for causing death by negligence. The author examines the problematic aspects during investigative actions and in the course of trials for similar crimes with a reckless form of guilt. It is concluded that in order to improve the mechanism for applying the norms of the criminal law in relation to crimes related to causing death by negligence, it is necessary: to increase the objectivity of the assessment of the actions of the accused under part 2 of p. 109 of the Criminal Code of the Russian Federation, primarily in relation to medical workers; to develop recommendations and departmental instructions for investigative and judicial authorities to assess the actions of those accused of “careless” crimes, taking into account the establishment of cause-and-effect relationships between the professional actions of the subject of the crime under Part 2 of Art. 109 of the Criminal Code of the Russian Federation and death of a person, guilt, motive and mental assessment of criminal behavior; it is necessary to correct the current normative documents of primary accounting for investigated criminal cases.
Legal regulation, investigative actions, the practice of applying criminal penalties, causing death by negligence, judicial authorities
Короткий адрес: https://sciup.org/14122752
IDR: 14122752 | DOI: 10.47629/2074-9201_2021_4_175_178