What is called criminal arrogance and criminal negligence?
Arrogance – occurs when a person foresaw the possibility of the onset of socially dangerous consequences of his actions or inaction, but frivolously hoped to prevent them. A person’s foresight of the possibility of the onset of the criminal consequences of his act is an intellectual moment of criminal arrogance, and a frivolous calculation to prevent them is its willful moment.
Criminal negligence – it is characterized by the unforeseen possibility of the onset of dangerous consequences in the presence of the obligation and the ability to foresee these consequences.
The intellectual content of negligence is characterized by two characteristics:
Negative – lies in the fact that a person does not foresee the possibility of criminal consequences and in the absence of consciousness of the unlawfulness of an action or inaction.
The positive thing is that the culprit should and could have foreseen the onset of the actually inflicted criminal consequences.
The volitional moment of criminal negligence lies in the fact that the perpetrator, having a real opportunity to prevent the criminal consequences of the act he is committing, does not activate his mental powers and abilities to perform volitional actions necessary to prevent socially dangerous consequences, and, therefore, does not turn a real opportunity into reality. …