Nagornaya I.I. Negligent Crimes Against Life and Health in Russia and France

Abstract: The topic of the research is the influence of the character of a certain duty or a norm of behaviour on the subject's attitude towards the violation of those. Special attention is paid to the possibility that the subject realises that a violation may lead to more or less serious external changes. The article considers direct and indirect influence of a person on the result, which becomes extremely important in connection with the negligent form of guilt. The article analyses the norms of the French criminal law that demonstrate close connection between objective and subjective features which helps to create the fullest image of a negligent crime. The types of negligence according to the French law cannot be mechanically placed in the Russian realia. However, the analysis of the French experience facilitates the understanding of negligent crimes committed in the Russian Federation, and helps to get closer to the solution of certain problems of their qualification. Considering the issues of criminal liability for negligent crimes in Russia, it could be helpful to separate negligence based on its degree (severity) - namely, to simple and severe. Severe negligence takes place under violations of the duties that obviously threaten the secured values of the victim. Simple negligence is not connected with such violations, which complicates the realisation of the possible consequences that requires additional efforts. Further development can either wholly depend on the subject (in this case the connection between his action and its consequences is admitted to be direct) or be to a large extent determined by the behaviour of the third parties and other factors (in this situation, the subject influences the result only indirectly). The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional responsibilities or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases. The analysis of Russian legal precedents regarding the crimes both connected with improper performance of professional duties or not, allows to distinguish typical situations that require different criminal legal evaluation. It is suggested to create a list (a catalogue) of such situations, based on the expert knowledge in different areas of professional activities. The article also separately examines the situations that do not give evidence of severe negligence, which only indirectly contribute to the result. The article raises question of impossibility of criminal prosecution in these cases.

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