ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
102
CRIMES COMMITTED AS A RESULT OF NEGLIGENCE
Xarezim Yunus Niyetbaevich
Karakalpak State University, 1st-year PhD student
https://doi.org/10.5281/zenodo.16353494
Abstract:
This article analyzes the legal foundations, types, causes, and social
consequences of crimes committed due to negligence. It discusses the role of
negligence as a subjective element of criminality, its importance in assessing
criminal guilt, and its significance in establishing the blameworthiness of the
offender.
Keywords:
negligence, crime, guilt, carelessness, law, liability, self-
confidence.
The subjective element of a crime is considered one of the important
components of criminal law. It reflects the offender's guilt, including the intent,
motive, and psychological aspects of the act. Negligence is a form of guilt
whereby the offender, without intending to commit a crime, causes harmful
consequences due to his or her carelessness, inattentiveness, or negligence.
Today, a certain proportion of crimes are committed as a result of negligence.
These include errors in managing transportation, violation of technical safety
rules, medical negligence, and violations of fire safety, all of which pose
significant social risks.
In criminal law, negligence is considered alongside intent as a main form of
guilt. It is regarded as a less dangerous form of guilt compared to intent.
However, the risk of negligence and the importance of combating negligent
criminal acts should not be underestimated. Studies show that crimes
committed due to negligence constitute a significant share and cause substantial
harm to society. Increased attention to this category of crimes is linked to the
development of scientific and technical progress, demanding a fresh approach to
the issue.
1
The current Criminal Code of Uzbekistan formally consolidates the division
of negligence into types, which has been used in criminal law theory and
practice for a long time.
According to the relevant articles of the Criminal Code, negligence
manifests in two forms:
Self-confidence: The offender foresees the harmful consequences of his or
her actions but believes they will not occur.
1
НЕОСTОРОЖНОСTЬ КАК ФОРMА ВИНЫ КозельскаяН.Л. журнал “Законность и правопорядок в современном обществе
“ 2010 г.
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
103
Carelessness:The offender does not foresee the consequences but would
have foreseen them if he or she had exercised sufficient caution.
According to the Uzbek Criminal Code, "if a person, having foreseen the
potentially dangerous social consequences of his or her actions (or inactions),
without sufficient grounds, relies on his or her confidence that these
consequences will not occur, the crime is considered committed due to self-
confidence."
The criteria are:
Foreseeing the socially dangerous consequences of one's actions (or
inactions);
Relying on oneself without sufficient grounds to prevent these
consequences.
The legislator, describing the intellectual element of carelessness, points
only to the ability to foresee the socially dangerous consequences, disregarding
the mental attitude towards the act or inaction. Some scholars believe this
interpretation suggests that the actions resulting from consequences are
generally not of criminal-law significance. However, negligence typically
involves consciously violating specific cautionary rules aimed at preventing
harm, and conscious actions make this form of negligence more dangerous than
carelessness.
If the offender does not directly foresee the real possibility of socially
dangerous consequences, negligence involves the vague anticipation that such
consequences may occur, even though they might not in a particular case. The
subject is aware that such actions could lead to socially dangerous consequences
but believes they will not materialize.Crimes committed due to negligence are
one of the complex and delicate areas of modern criminality, requiring special
attention in criminal law theory and court practice.
The scientific analyses presented here show that negligence arises as a
result of a person's conscious or unconscious direct causation of socially
dangerous consequences. Negligence as a subjective element of a crime appears
in two forms—self-confidence and carelessness—and in both cases, the
psychological attitude of the individual towards the consequences is a crucial
legal criterion.
In self-confidence, the offender foresees the danger but wrongly believes
the consequences will not occur. In carelessness, the person does not foresee the
consequences, even with the necessary caution. This distinction is important not
only for legal differentiation but also for establishing criminal responsibility.
ACADEMIC RESEARCH IN MODERN SCIENCE
International scientific-online conference
104
Analysis shows that crimes committed due to negligence are often
characterized by the absence of malicious intent, i.e., they are committed
without evil intent. However, this does not reduce their social danger. Quite the
opposite, such crimes often result in severe consequences—loss of life, health,
property damage, or environmental harm. Therefore, increased vigilance,
professional responsibility, prevention, and control systems are critical in
combating crimes based on negligence.
Court practice indicates that identifying negligence always requires an
individual approach, analysis, and evidence-based legal assessment. This
process considers the professional level of the person, the level of vigilance in
the situation, and the complexity of the circumstances.
Thus, combating crimes committed due to negligence should focus on:
-Enhancing legal awareness and culture;
-Organizing regular professional training courses for responsible persons;
-Strengthening control over safety, sanitation, transportation, and medical
services;
-Implementing preventive measures aimed at identifying and eliminating
causes of negligent crimes before they occur;
-Ensuring consistency and clarity in court practice regarding negligence.
In general, negligence as a form of guilt is a concept that requires deep
analysis within the framework of legal, moral, and social responsibility and is an
essential element of fair approaches in criminal law. Its misinterpretation can
lead to errors in legally assessing crimes and violate principles of judicial justice.
References:
1.
Criminal Code of the Republic of Uzbekistan. – Tashkent: Adolat, 2023
edition.
2.
Criminal Law. General Part. – Tashkent: Yurydik Nashriyot, 2021.
3.
Mikhailov I.M. Negligence as a form of guilt in criminal law. – Moscow:
Legal Literature, 2019.
4.
Official website: www.lex.uz
5.
Collection of decisions of the Supreme Court of the Republic of Uzbekistan.
6.
NEGLIGENCE AS A FORM OF GUILT, Kozelskaya N.L., "Legality and Law
and Order in Modern Society," 2010.
