Is negligence a criminal offense
How does negligence affect criminal law?
In a nutshell: negligence
Anyone who neglects the necessary due diligence and thereby causes an accident, for example, acts negligently. There is intent when the perpetrator is aware that he is carrying out an illegal act and that he is still completing it.
According to § 222 StGB, negligent homicide is sanctioned with a prison sentence of up to five years or a fine.
According to Section 229 of the Criminal Code, anyone who injures another person through negligence must expect a prison sentence of up to three years or a fine.
The offense of negligence
in the Road traffic causes accidents every daybecause road users commit administrative offenses or fail to fulfill their duty of care. It is not uncommon for people to be injured.
In this case, the criminal offense "negligent bodily harm" quickly comes into play. But what exactly does negligence mean? When does a perpetrator act grossly negligent and what is essential Difference from intent?
Our guide will provide you with one Definition of negligence. You will be some for gross negligence Examples find and learn how much that Sentence for negligent homicide.
Negligence: definition of the term
A person is accused of negligence if this does not show the necessary care and prudence. In order for a negligent act to be carried out in criminal law, a Damage.
It is often to be seen as a negligent act when you are driving a motor vehicle Take a look from the street and therefore against one traffic light drive and this damage or even destroy.
in the civil right becomes a Gradation in the degree of negligence performed. There is slight, gross and concrete negligence. In criminal law there is also deliberate negligence.
Important: According to Section 15 of the Criminal Code (StGB) is an act out Negligence only then punishable, if the law expressly criminalizes negligent behavior.
Gross negligence: There is no general definition
In the following section we want to take a closer look at the definition for "Gross negligence" throw. Surprise: there aren't any. At least this is it not explicitly defined in the law.
However, there is usually gross negligence if Motor vehicle drivers fail to fulfill their duty of care in road traffic to a large extent and thereby cause great damage. However, it is always up to the court to decide what form of negligence was involved in a particular crime.
What are the facts of negligence?
As already mentioned, an act that has arisen through negligence can only be sanctioned if this is explicitly defined in the StGB. The following negligent criminal offenses are punishable:
- Negligent homicide: Anyone who causes the death of a person through negligence is sanctioned according to § 222 StGB with a prison sentence of up to five years or a fine.
- Negligent homicide by omission: The same sentence as just mentioned can be applied for this act as well. It is crucial that the conditions for a criminal offense according to § 13 StGB are met. In this case, however, the penalty can be reduced.
- Negligent assault: If another person is injured through negligence, the court can impose a prison sentence of up to three years or a fine.
- Negligent damage to property: Negligent damage to property is not a criminal offense in Germany. However, the person affected, whose property has been damaged, can usually assert claims under civil law.
By the way: negligence is in the BGB (Civil Code) also under § 276 (Responsibility of the debtor).
How do intent and negligence differ?
Negligence and intent are two crucial elements in criminal law. After we have already clarified what negligent action means, we now want to dedicate ourselves to crimes that involve Intent are committed.
That means: The The perpetrator is aware that his actions are against a law and still want to bring about the success of the crime. If the criterion of intent is fulfilled, the sentence is usually higher.
This is supposed to be on a Example clarified are: As previously described, negligent homicide can result in a maximum imprisonment of up to five years. If it is an intentional act, i.e. manslaughter, five years imprisonment is the minimum sentence.
Will even give the perpetrator a Murder proven, according to Section 211 of the Criminal Code, only a life sentence is possible. Paragraph 2 defines when it is a murder case:
A murderer is someone who kills a person out of lust for murder, to satisfy the sexual instinct, out of greed or otherwise for low motives, insidious or cruel or by means that are dangerous to the public or to make another crime possible or to cover it up.
In road traffic, too, it happens every day that road users disregard the rules of the Road Traffic Act as a result of negligence. With that, however no administrative offense, but a Offense represents, must be a serious violation are present.
So it often happens that a negligent bodily harm in road traffic happens because a red light is passed or the speed limit is exceeded. Can the fine department give a Tempted intent prove, for example because it is driving twice as fast as allowed, it is possible under traffic law fine to double.(29 Ratings, average: 4,80 of 5)
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