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Death caused by negligence belongs to the crime of death caused by negligence. The crime of negligent death refers to the behavior that the actor did not foresee or did not foresee because of negligence, trusted others to avoid death and deprived others of their right to life. According to Article 233 of the Criminal Law, whoever causes death through negligence shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years.

The crime of negligent death refers to the behavior of general negligent death. The crime of causing death by negligence must be a negligent crime, that is to say, one should foresee the harmful consequences that one's actions may lead to the death of others, but not because of negligence, or because one foresaw and thought it could be avoided, thus leading to the harmful consequences of the death of others.

Characteristics of the crime of negligent death;

1, the object of this crime is the right to life of others.

2. The objective aspects of this crime are as follows: first, the perpetrator has caused death; Second, the result of death must happen objectively; Thirdly, there is a causal relationship between the negligent behavior of the actor and the result of the victim's death.

3. The subject of this crime is a general subject, that is, a natural person with criminal responsibility over 16 years old, which can constitute the subject of this crime.

4. The subjective expression of this crime is negligence, including overconfidence and negligence, and its purpose is to achieve the result of death.

Extended data:

The main characteristics of the crime of negligent death are:

1. objectively belongs to the act of causing death through negligence, and there is a causal relationship between the act and the death result. In other words, only the result of manslaughter leading to the death of others constitutes a cost crime. So there is no attempted manslaughter.

2. Subjectively, it can only be negligence, including negligence and overconfidence. The former means that the victim may die because of his own behavior, and the latter means that the victim may die because of his own foresight and credulity.

3. The essential feature of the crime of manslaughter is that the perpetrator did not intentionally hurt or kill, and only carelessness or overconfidence will lead to the death of the victim.

Baidu Encyclopedia-Crime of Negligence Causing Death