Under Article 302 paragraph 1 of the Penal Code (PK), negligent homicide is committed by anyone who negligently causes the death of another and is punishable by imprisonment of at least three (3) months. Furthermore, under Article 28 of the same Code, a person acts negligently when, through a lack of the attention which they ought to have shown under the circumstances and were able to show, they either failed to foresee the punishable result caused by their act, or foresaw it as possible but believed that it would not occur.
Cases of negligent homicide, which unfortunately arise frequently, include deaths resulting from medical negligence, where a physician, in the exercise of their profession, breaches the commonly recognised rules of medical science and the duty of care, as well as deaths occurring due to the failure to exercise the due diligence and attention required when driving vehicles, resulting in road traffic accidents.
On other occasions, negligent homicide takes place in the workplace, in the form of an industrial accident caused by non-compliance with the health and safety rules for employees at the employer’s premises.
- See also article Defamation
- See also article Bodily Harm
- See also article Narcotics
- See also article Fraud
- See also article Forgery
- See also article Embezzlement
- See also article Negligent Homicide
- See also article Tax Evasion
FREQUENTLY ASKED QUESTIONS ON NEGLIGENT HOMICIDE
1. What sentence do I face for negligent homicide?
Under Article 302 of the Penal Code (PK), negligent homicide is punishable by imprisonment of at least three months, while in cases of conscious negligence or breach of specific professional duties (physicians, drivers, employers) the sentence may be substantially increased. In practice, however, the sentence is rarely actually served: it may be suspended under Article 99 PK, converted into a monetary penalty under Article 80 PK, or replaced by community service. The recognition of mitigating circumstances (prior honest life, subsequent good conduct, sincere remorse under Article 84 PK) significantly reduces the sentencing range. The individualised assessment is made on the basis of the degree of negligence and the specific circumstances.
2. How can I challenge the charge of negligence?
The defence focuses on the absence of a causal link between the defendant’s conduct and the fatal outcome, as well as on whether a duty of care which they ought to and were able to exercise was in fact breached. In road traffic cases, accident reconstruction expert reports, camera recordings, witness testimony and the contributory fault of the victim are utilised. In medical liability cases, a forensic and specialist expert report is sought to demonstrate whether the act or omission deviates from the commonly accepted rules of the science. In industrial accidents, compliance with safety measures and the apportionment of liability between the employer, the safety officer and the employee are examined. Many cases conclude in a discharge order or acquittal, particularly where doubt exists (in dubio pro reo).
3. What should I do immediately after the incident and the preliminary investigation?
From the very first moment, the presence of a lawyer is required, particularly if you are summoned to give a preliminary statement or arrested under the flagrante delicto procedure. You have the right to remain silent and the right not to incriminate yourself; any statement made without legal support may be used against you. Statements should be avoided to police officers or insurance company representatives prior to consultation with a lawyer. It is essential to immediately collect and safeguard evidence (scene photographs, video, witness names, medical records, workplace incident logs) which will support the defence in subsequent proceedings.
4. How long do such criminal proceedings last?
The timeframe depends on the complexity of the case and the expert reports required. Typically, the pre-trial stage (preliminary investigation, main investigation, judicial council order) lasts from one to two years, particularly where forensic reports or technical accident expert reports are involved. The trial then takes place before the Three-Member Misdemeanour Court, with possible referral to a higher court where aggravating circumstances apply. In the event of a conviction, an appeal is lodged with suspensive effect, so that the full cycle until the judgment becomes final and irrevocable may extend to three or four years. The statute of limitations for the misdemeanour is five years and is invoked where applicable.
5. What documents and evidence are required?
The gathering of supporting documentation is decisive. The forensic report, scene examination and expert reports, the incident record from the Traffic Police or the Labour Inspectorate, the medical file and hospital protocols in cases of medical liability, safety logs and occupational risk assessments in industrial accidents, eyewitness statements, photographic material, video from security cameras, correspondence and any out-of-court settlement with the deceased’s family are required. Also necessary are documents supporting mitigating circumstances: criminal record, employment certificates, family status, evidence of compensation or pecuniary satisfaction paid to the relatives.
6. What is the role of the lawyer in such cases?
The lawyer takes over the defence from the first summons to give a defence statement, designs the strategy, follows the investigation, files a memorandum and standalone pleas, challenges or requests supplementary expert reports and proposes defence witnesses. The lawyer pursues an out-of-court approach with the relatives of the victim, since compensation and subsequent conduct operate as a strong mitigating factor. At the hearing, the lawyer represents the defendant, asserts contributory fault where it exists and seeks suspension or conversion of the sentence. Our firm has handled cases of road traffic accidents, medical negligence and industrial accidents, with deep knowledge of the technical parameters that determine the outcome.