Negligent homicide

Legal definiton 

Section 143 of the Criminal Code:

(1) Whoever causes the death of another person through negligence shall be punished by imprisonment for up to three years or by by disqualification.

(2) The perpetrator shall be punished by imprisonment for one to six years if the criminal offence mentioned in paragraph 1 is committed due to the violation of an important duty arising from their employment, profession, position, or function, or imposed upon them by law.

(3) The perpetrator shall be punished by imprisonment for two to eight years if the criminal offence mentioned in paragraph 1 is committed due to a gross violation of laws concerning environmental protection, occupational safety, transportation safety, or hygiene regulations.

(4) The perpetrator shall be punished by imprisonment for three to ten years if the act mentioned in paragraph 3 results in the death of at least two persons.

Subjective aspect - negligence

Manslaughter through negligence is a negligent criminal offence. Intent is not required. 

Defense

In crimes against life and health, even seemingly minor details can have a fundamental impact on the outcome of the criminal proceedings. This not only affects whether the person will be convicted or acquitted but also which specific crime may be attributed to their actions.

In practice, there can be a fine line between assessing different crimes. For instance, "simple" manslaughter through negligence carries a penalty of up to three years imprisonment, whereas intentional murder with premeditation or after prior consideration carries a penalty of up to twenty years. Further statutory elements can lead to life imprisonment.

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

• Did the death result from the perpetrator's actions?
• Could the perpetrator have anticipated that the victim's death would occur?
• What knowledge and experience did the perpetrator possess?

In criminal offences against life and health, it is particularly important to thoroughly reconstruct the entire course of the relevant actions and their context. An expert opinion can play a significant role in clarifying how did the injury leading to the victim's death occur, and what role did the perpetrator's actions play in it.

Similarly, the expert opinion can address the consequences of the perpetrator's actions or what the perpetrator could realistically have anticipated under the specific circumstances.