Negligent general endangerment

Legal definiton 

Section 273 of the Criminal Code:

(1) Whoever, through negligence, causes a general danger by putting people in danger of death or serious harm to health, or by putting property of others at risk of large-scale damage, through causing a fire, flood, or the harmful effects of explosives, gas, electricity, or other similarly dangerous substances or forces, or by engaging in other similarly dangerous conduct, or whoever, through negligence, increases such general danger or makes its prevention or mitigation more difficult, shall be punished by imprisonment for up to two years or by disqualification.

(2) The perpetrator shall be punished by imprisonment for six months to five years or by disqualification if the act described in paragraph 1 results in:

a) serious harm to health,

b) the violation of an important duty arising from the perpetrator's employment, profession, position, or function, or imposed on them by law, or

c) significant damage.

(3) The perpetrator shall be punished by imprisonment for two to eight years or by a financial penalty if the act described in paragraph 1:

a) causes death, or

b) results in large-scale damage or serious harm to health due to the act described in paragraph 2 (b). 

(4) The perpetrator shall be punished by imprisonment for three to ten years if the act described in paragraph 2 (b) causes death. 

Subjective aspect - negligence

Negligent general endangerment through negligence is a negligent criminal offence. Intent is not required. 

Defense

There are various defense strategies available. Given the elements of this crime, the following questions may be relevant:

• What was the nature of the impending danger?
• What was the intensity of the impending danger?
• How many people were at risk?
• Did the harm threaten someone else's property, or only the property of the individual concerned?
• Were additional conditions required for the dangerous consequence to occur?
• Was the danger controllable by the individual concerned?