The legislation of the Russian Federation provided such a thing as an incident or another - causing harm to innocent.Its meaning is revealed in Article 28 of the Criminal Code, according to which the action (inaction) of a person is considered to be committed innocently if it was not aware and could not be aware of the circumstances for the social danger of the act or did not foresee the possible occurrence of socially dangerous consequences (PLO) and could not for thecircumstances of the case to anticipate them.
This rule also applies to persons who, although anticipated, it is possible to attack the PLO from their offense, but could not prevent them because of the mismatch of their own psycho-physiological qualities of mental overload the nature and requirements of extreme conditions.
Responsibility, due to a lack of guilt for innocent causing harm, can not accommodate the Criminal Code.For this reason, it must be distinguished from intentional injury.They differ from each other by strong-willed and intelligent moments.When intentionally causing harm people aware of the social danger of his own acts, but by careless person is not aware of the circumstances of the case may not be aware of it.The man, in contrast to the intention, when an incident does not foresee the possibility of the PLO.He has no desire of the consequences, including no conscious assumption of indifference.
Innocent causing harm, for example: the landlord to poison cockroaches in food is in the pot, add toxic substances, and then he suddenly became necessary, and he left.At this time, the thief entered the apartment, and as he was hungry, poisoned and died.The owner of the apartment did not expect and could not have foreseen the onset of the PLO - the death that occurred as a result of an incident, and did not want such consequences.Actions landlord are not criminal and do not involve criminal liability.But if he deliberately left a surprise for thieves in this case would be subject to liability under the law.
Innocent causing harm and should be distinguished from negligence, as a man not only did not foresee the possible occurrence of the PLO, but the circumstances of the case and still could not foresee them.
Innocent causing damage - a special mental state of the person who acts (or vice versa, is inactive) in the atmosphere, excluding public danger.
special kind of incident - if the person causing the harm, foresaw the possibility of the PLO, but due to the mismatch of their own psycho-physiological qualities of the existing requirements of extreme conditions, overloading of mental character, they admitted.This provision is spelled out in the criminal law in connection with the strong neuropsychological load of persons associated with the management techniques (eg truckers) or emergency conditions (eg test pilots).Such people often anticipate the possibility of the consequences, but can not because of their qualities and possibilities to prevent them.At the same time, be held criminally responsible person, which arose through the fault of the PLO, such as hiding the shortcomings impeding the implementation of certain activities or the introduction of themselves in the state, which ruled out the possibility of preventing the PLO as a result of the use of alcohol, psychotropic or narcotic substances.
Unintentional injury does not lead to legal consequences such as harming the presence of intent.For this reason, you need to clearly differentiate between them and properly characterize the actions (inaction) of a person.
