Innocent Infliction of Harm due to Professional Misconduct
Article deals with issues of criminal and legal estimation of an innocent infliction of harm due to professional misconduct. Author reveals elements of the innocent infliction of harm and delimitate it from the cases of the infliction of harm as a result of lawful acts and infliction of harm by mentally defected persons. A differentiated estimation of infliction of harm depending on circumstances, due to which a person did not realize the danger of his o her behavior and did not foresee its consequence, is given in the article. On the basis of the differentiation of “branch” and criminal and legal wrongfulness of act the author makes proposals in respect of legal treatments of an error in prohibition in case of professional misconduct. Conditions of application of provisions of Clause 2 of Article 28 of the Criminal Code of the Russian Federation are determined on the basis of the differentiation of extreme situation and neuropsychic overloads.