~Case of Causing Death through Negligence & Causing Injury through Negligence~
Examples of Consultations
- My kid’s bicycle collided with a pedestrian and seriously injured him. My kid was under investigation for causing injury through negligence at Yoyogi Police Station of the Metropolitan Police Department…
- I run a day-care center for children. A child died while taking my eyes off her. I am investigated on suspicion of causing death through negligence in the pursuit of social activities by Otsuka Police Station of the Metropolitan Police Department. I am afraid that I would get arrested…
- I caused the death of my patient as the result of a medical error. Omoti Police Station of the Metropolitan Police Department searched my house on suspicious of causing death through negligence in the pursuit of social activities…
i. Punishment of Causing Death through Negligence & Causing Injury through Negligence
| [Causing Injury through Negligence (Art. 209 of the Penal Code)] – Punishment: a fine of not exceeding 300,000 yen or petty fine. [Causing Death through Negligence (Art. 210 of the Penal Code)] – Punishment: a fine of not exceeding 500,000 yen. [Causing Death or Injury through Negligence in the Pursuit of Social Activities (former clause of Art. 211 of the Penal Code)] – Punishment: imprisonment with/without work for not more than 5 years or a fine of not exceeding 1,000,000 yen. [Gross Negligence Causing Death or Injury (latter clause of Art. 211 of the Penal Code)] – Punishment: imprisonment with/without work for not more than 5 years or a fine of not exceeding 1,000,000 yen. |
ii. Case of Causing Death through Negligence and Causing Injury through Negligence
Causing death or injury through negligence is the crime of infringing someone’s life or body by negligence.
There are 4 types: causing death through negligence, causing injury through negligence, gross negligence causing death/injury that the degree of negligence is gross, and causing death/injury through negligence in the pursuit of social activities that is based on the job-related position.
Causing injury through negligence (Article 209(1) of the Penal Code) is established when a person injured another without paying attention.
It cannot be stated that a demand to inquire the perpetrator’s criminal responsibility would be high if a perpetrator conducted full civil compensation to the victim in regard to causing injury through negligence.
For the reason, causing injury through negligence is the offense for which prosecution depends on the victim’s filing of a complaint. (Article 209(2) of the Penal Code)
Causing death through negligence (Article 210 of the Penal Code) is the crime of causing the death of another as the result of having done injury to the other without paying attention.
This crime is similar to injury and injury causing death in the sense that these crimes causing the death or injury of another.
However, injury and injury causing death is the crimes of intent, therefore, an intent to injury someone is necessary for these crimes to be established.
On the other hand, the crime of causing injury/death through negligence is established when there is no intent to injury someone because they are the crime of causing the death or injury of another through carelessness.
iii. Causing Death or Injury through Negligence in the Pursuit of Social Activities & Gross Negligence Causing Death or Injury
Causing death or injury through negligence in the pursuit of social activities (former clause of Article 211 of the Penal Code) is the crime that a person in a position to conduct a certain amount of works iteratively and ongoingly failed to pay attention necessary for the course of his/her work.
The penalty of causing death or injury through negligence in the pursuit of social activities is aggravated comparing with causing death or injury through negligence.
It is explained that it is because that a worker in a certain amount of works owes a duty of especially high degree of care to prevent accidents than ordinary people.
Gross negligence causing death or injury (latter clause of Article 211 of the Penal Code) is the crime of causing someone to get injured or die by gross negligence.
‘Gross negligence’ means that the degree of lack of diligence is serious.
Regarding gross negligence causing death or injury, it is possible to foresee the occurrence of the result of infringement and easily avoid the result with a little attention. So, in a nod to the seriousness of negligence, the penalty is aggravated.
Other than those mentioned above, negligent driving causing death or injury (the statutory penalty: imprisonment with/without work for not more than 7 years or a fine of not exceeding 1,000,000 yen) was prescribed as a special type of the crime of negligence in the Penal Code since 2007 to punish the accident causing death or injury. This was introduced to separate from the existing causing death or injury through negligence in the pursuit of social activities and to aggravate the penalty in the wake of social criticism against drunken automobile accidents.
However, that serious traffic accidents had occurred one after another including a terrible accident that a car without a license ran into children’s line raised public interest. On May 2014, ‘Act on the Punishment of Causing Death or Injury due to Automobile Driving’(in Japanese, Jidoushaunten shishoukoui shobatsuhou) came into effect, and the existing crime of negligent driving causing death or injury (Article 211(2) of the former Penal Code) was deleted from the Penal Code.
Therefore, at the present, when one’s driving caused injury of another, the perpetrator could be punished for Negligent Driving Causing Injury (Article 5 of the Act: imprisonment with work for not more than 7 years or a fine of not exceeding 1,000,000 yen).
If you or your family is arrested or investigated for negligent driving causing death or injury, we recommend you to consult with lawyers as soon as possible.
~Defense Activities in Case of Causing Death or Injury through Negligence~
1. Expeditious Consultation with Lawyer
There is a possibility that the suspect could be arrested by the police when he/she has committed the crime of causing death or injury through negligence.
The suspect could be detained for 3 days after arrest, if a judge decides to detain and extend the detention, he/she could be in a detention cell for 20 days.
The police may record a statement against the suspect and make a written statement based on the statement against him/her during the police questioning after arrest.
When your family got arrested or called from the police on suspicion of causing death or injury through negligence, please have a consultation with lawyers about how to respond the investigation.
Criminal lawyers, who also have good knowledge of the crime of causing death or injury through negligence, of AICHI Criminal Cases Law Firm personally provide with the free consultation.
We also provide for the first interview service that our lawyers head to a detention facility where the suspect is detained. Contact us as soon as possible.
2. Make an Apology and Provide Recompense for Damage
Causing death or injury through negligence leads to consequences of death or injury of the victim. Because the crime of causing injury through negligence is the offense prosecutable upon a complaint from the victim, once the civil compensation was paid and the case was solved between the parties, the perpetrator may not be held criminal responsibility.
Regarding the settlement negotiation, there are cases where the perpetrator and his/her family have a difficulty in having direct contact with the victim.
It is because that the victim does not want to tell his/her contact as his/her emotional damage is strong, etc.
The suspect’s contact with the victim also may be suspected of concealing and destroying evidence.
In this respect, the victim usually listens to the lawyers. The lawyers enhance the potential to reach the out-of-court settlement by making the victim known willingness of the perpetrator to apology and providing recompense for damage.
3. Aim at Decision not to Prosecute, Fine, or Suspended Sentence
When you conducted an act that may fall into the crime of causing death or injury through negligence, you may be prosecuted and convicted without doing anything.
Once you sentenced for imprisonment with work, you have to leave school or work, and the imprisonment will affect your return to society.
If you consult with the lawyers, they will make an apology to the victim and provide recompense for damage, create an environment not to commit a crime again.
Those activities may lead to a decision not to prosecute. Once a public prosecutor decides not to prosecute you, you will not have criminal records.
When you were arrested and detained, you will be release. The release may allow you to end the case without knowledge of school or office about the case.
If you were handed down a fine or suspended sentence, you will be rehabilitated in society so that it is possible to limit influence on school, office, and family.
If your family got arrested, detained, or investigated for the crime of causing death or injury through negligence by the police, please come to consult with the lawyers of AICHI Criminal Cases Law Firm as soon as possible.
