When a person fails to do what is expected of him or her, and such act or abstinence leads to the death or other harm of grave nature to another person, then the former person can be said to have been criminally negligent. Note that here there is no intent to harm another person in a criminal negligence case. In fact, the definition of what constitutes criminal negligence again differs from one country to another.
In the UK, many of the criminal negligence cases are related to driving. Even so, the terminology of constructive knowledge become important in determining whether the person was, or was not criminally negligent. For the most part, many civil ligations cases involving two parties is determined by this factor, although it is common that most people in the UK do not understand the definition of constructive knowledge yet when they do, find themselves to be guilty of such action.
By identifying whether the person was aware that his or her action or inaction could have grave consequences, it is possible to declare the person guilty or innocent. The term constructive knowledge is important now because it is not necessary that the person knows that what he is doing is causing harm to others. For example if a person is stalking another person, one needs to ensure that the accused is acting with intent and knows that his or her actions are affecting the person in a detrimental way. At times, stalkers can be mentally challenged, in which case court would not impose any liability. The intentional crime and constructive knowledge therefore come fairly close in some cases. Solicitors in Kent can assist their clients to know what would constitute criminal negligence and constructive knowledge.
In general though, manslaughter is considered an essential part of the criminal negligence. Such negligence could also be of parental duties. The words “breach of duty of care” have been used to identify it. If parents fail in providing the required care to their children, then it can mean criminal prosecution for them.
France has a “Good Samaritan Law” under criminal negligence. That law imposes duty on others to help a person in distress. It was added after the photographers, who could have helped Lady Di, spent time photographing her instead, leading to her death.
Criminal negligence can occur often across a number of professions. The medical profession is one such profession that is sadly where this occurs very common and can have severe consequences. The need for Criminal Negligence Solicitors Kent in this instance to deal with the matter is paramount.
In general, solicitors in the UK can advise their clients on what will constitute criminal negligence, and if it does, how much liability they would be looking at. Such preliminary advice helps the client in deciding whether to opt for settlement or to seek trial. In either case, further negotiations are necessary and documentary record of all those negotiations as required by law need to be maintained.