In the category of human life that are completely different considered in terms of philosophy and of our real life.The concept of murder - one of the most controversial categories.Legally allegedly negative attitude to this, the same can be said about morality.However, the media, and everyday communication with others is presented to us as an ordinary murder, and even the familiar part of life.Moreover, even from a legal point of view, the concept of murder has been formulated recently.
amazing thing, but neither criminal law before the revolution, or even the Criminal Code of the Soviet period did not contain wording that defines the notion of murder.This current Criminal Code for the first time gave him the transcript.Based on the first part of Article 105 only if the death was caused by another person intentionally, the action falls under the category of murder.
Until 1996, the determination of the murder were two slightly different point of view.Differences regarding such issues as manslaughter.And, although the legislation has given its official interpretation, the debate on this issue can not be considered closed.Recall that some criminologists believe that such can be considered not only unlawful and intentional deprivation of life, but also committed reckless homicide should be considered in this category.However, again, the current legislation it treats as causing death by negligence.
concept of murder because it should be clearly defined, as it falls into the category of particularly serious crimes.The penalty for this is determined by various circumstances, such as motive, purpose, form of guilt, danger and some other acts.
Returning to our topic (murder on imprudence), you must sharpen its focus on its difference with respect to the intentional acts of this kind.For jurisprudence it is very important to differentiate the frivolity of indirect intent.In both cases, the perpetrator could foresee that as a result of his actions really death of the victim.In both cases, there is no conscious desire for this, but the indirect intent implies a conscious admission advance death, as well as the absence of any action to prevent it.
manslaughter and is not synonymous with causing accidental death.In this case, a person who caused the death of the victim, not only did not foresee such a result of their personal actions (or perhaps inaction), but should not and could not foresee the circumstances of the case.This situation is classified as an accident, a person is excluded wine, respectively, criminal responsibility is not the case.Whereas Accidental killing it comes to the extent that the burden of guilt is proven.The maximum penalty in this type of violation - deprivation of liberty for up to five years.
unintentional murder can occur as a result of negligence or carelessness.The first case implies that the person did not foresee the likelihood of death, however, the situation called for prudence, which would certainly have prevented death.The second case is the situation when the person foresaw the result of his actions, but has shown arrogance unreasonably hoping for a favorable outcome of the event.
should be understood that it is a rough indiscipline leads to the phenomenon of reckless homicide.Perhaps it is impossible to equate the degree of danger to society premeditated murder with causing death by negligence, but not its consequences less severe.Moreover, statistics show that the growth of this category as the cause of death is growing inexorably.
So even the Church imposes penance on a person who commits manslaughter, thus calling to account for their actions.