14 Nov Charge Of Manslaughter By Negligent Conduct
Charge Of Manslaughter With Negligent Conduct
Charge of manslaughter by negligence 83.the article is also regulated. If the negligence of intentional killing is committed by behavior, the execution committed by negligence is a crime. In this case, a criminal negligence that can be committed by the act of execution is committed by the act, but since the act of negligence is equivalent to the act of execution, the perpetrator is punished by the penalty of intentional manslaughter. In order for a perpetrator whose negligence causes death to be punished for the crime of intentional manslaughter, the existence of one of the conditions listed below alone is sufficient.
a-a person whose negligence causes death by behavior has a contractual responsibility, but has negligence contrary to it: for example, a doctor does not intentionally stop bleeding during surgery or does not give water and food to an elderly woman who cannot provide care for a caregiver for days.
b-neglect of a person whose negligence caused death by behavior is contrary to an obligation arising from the law: for example, if the mother leaves her 3-month-old child at home alone and goes on a holiday that lasts for several days to her family, and the child starves, the mother is punished with the penalty of manslaughter for violating her obligation arising from the law.
c-A person whose neglect caused death by behavior causes a dangerous situation for the lives of others, but later neglect: for example, a person who fled the scene as a result of a traffic accident, even though the person he was hit lived, causing the injured person to bleed to death.
In order for the perpetrator to be punished for manslaughter by negligence, there must also be no way to prevent the outcome. The perpetrator will be punished for this crime if he commits negligent behavior that causes death while preventing the death result from being challenged.
Punishment for intentional manslaughter by negligence (negligence of a certain obligation)
The basic penalty is 20 to 25 years in prison instead of aggravated life imprisonment, 15 to 20 years in prison instead of life imprisonment, and in other cases 10 to 15 years in prison. However, making these penalty reductions depends on the discretion of the court. Court case, intensity of caste, etc. it takes into account such reasons.
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