Manslaughter: what is the risk?
Let’s find out what manslaughter is and what the penalties are
Disciplined by article 589 of the Penal Code, manslaughter is the crime committed by someone who procures the death of someone else, not by intention but by fault. Although it is not an intentional death, our legal system considers the fact of depriving someone of good life an intolerable thing that must necessarily have criminal repercussions.
“Anyone who negligently causes the death of a person is punished with imprisonment from six months to five years. If the fact is committed in violation of the rules for the prevention of accidents at work, the penalty is imprisonment from two to seven years. If the fact is committed in the abusive exercise of a profession for which a special qualification of the State or of a sanitary trade is required, the penalty is imprisonment from three to ten years.
In the case of the death of several people, or the death of one or more people and injuries to one or more people, the penalty that should be inflicted for the most serious of the violations committed is applied, increased up to three times, but the penalty cannot exceed the fifteen years.” A Detailed Guide On What Is Involuntary Manslaughter
What is manslaughter
Manslaughter (or intentional homicide) occurs when an unwanted death is caused due to negligent, inexperienced, or reckless conduct, or a failure to comply with laws and regulations. Guilt is therefore the characterizing element of the crime and also what differs it from intentional homicide (article 575 of the Criminal Code) in which the will to directly procure the killing of the taxable person is manifested and from unintentional homicide (ex article 584 of the Penal Code) in which the active subject wants to cause injuries or beatings but not the death of the passive subject.
The conduct consists of the behavior of those who do not respect the due precautions for:
- negligence: when the active subject does not pay attention
- imprudence: when the subject does not use shrewdness and prudence
- inexperience: when the subject does not respect the due technical rules due to incapacity or ineptitude
The legal asset protected is the person’s right to life, the active subject can be anyone given that it is a common crime and the passive subject is the living person (it is not necessary that the person is also vital, the Law also protects the dying person).
Manslaughter is a crime that can be prosecuted ex officio, that is, a lawsuit is not required to start the criminal action, the simple “criminal news” is sufficient. The basic penalty is imprisonment from 6 months to 5 years, the offense is aggravated in the case of:
- violation of the regulations for the prevention of accidents at work: the employer must be the guarantor of the worker having the burden of adopting all the useful and indispensable tools to guarantee their safety. The aggravated penalty is imprisonment from 2 to 7 years ;
- abusive exercise of a profession for which a special qualification from the State or in the health sector is required. The aggravated penalty is imprisonment from 3 to 10 years ;
- violation of road traffic regulations, driving under the influence of alcohol, or under the influence of narcotic or psychotropic substances. The aggravated penalty is imprisonment from 3 to 10 years.
In the event of the death of more than one person, the discipline of the formal concurrence of crimes is applied: the most serious penalty for the various violations committed is tripled, without however exceeding 15 years imprisonment.
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Manslaughter: what it is, prison sentence and compensation for damages
What is manslaughter? How does it differ from the malicious one? How does compensation for damages to survivors in the case of manslaughter work? In this article, we delve into manslaughter and discover the aggravating circumstances in the event of an accident at work and road accidents.
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Manslaughter: What is it?
Manslaughter is the crime committed by someone who causes the death of another person, not intentionally but through negligence. This lack of intentionality is what distinguishes it from intentional homicide, also called voluntary.
The crime, in the case of manslaughter, in fact, occur “due to negligence or imprudence or inexperience, or due to the failure to comply with laws, regulations, orders or disciplines” (Article 43 of the Criminal Code).
The crime of manslaughter can be prosecuted ex officio. In other words, a lawsuit is not necessary for the prosecution to initiate a criminal action, but the simple “criminal news” is sufficient.
Article 589 of the penal code provides for the basic penalty of imprisonment from 6 months to 5 years for manslaughter. Depending on the case, there are aggravating circumstances.
Manslaughter and concurrence of guilt
In the event of contributory negligence, the punishment of the crime of manslaughter is not excluded. The judge will be able to take into account the apportionment of blame in order to determine the penalty. Any compensation for damages that the party guilty of contributing to the fault is eventually called upon to compensate varies according to the percentage of fault.
A Detailed Guide On What Is Involuntary Manslaughter
The art. 589 of the criminal code. regulates manslaughter. In particular, it provides that: “Anyone who negligently causes the death of a person is punished with imprisonment from six months to five years. If the fact is committed in violation of the rules for the prevention of accidents at work, the prison sentence is from two to seven years.
In the case of the death of several people, or the death of one or more people and injuries to one or more people, the penalty that should be inflicted for the most serious of the violations committed is applied, increased up to three times, but the penalty cannot exceed the fifteen years”.
The legal asset protected by the law is the person’s right to life. In fact, depriving someone of the good life is considered an intolerable fact by our legal system. For this reason, it must have consequences on a penal level, even if it occurred through the fault and not through willful misconduct, without the intention of causing someone’s death. winter pool maintenance