Valvonta- ja suojeluvastuun laiminlyönti yksityisissä hoiva- ja päiväkodeissa
Avainsanat:
rikosoikeus, rikosoikeudellinen vastuu, laiminlyöntirikokset, kausaalisuus, suojeluvastuu, valvontavastuuAbstrakti
Neglect of the duty to supervise and protect in private nursing homes and kindergartens
A carer has the duty to supervise and protect patients in nursing homes and children in kindergartens. Hence, a carer may be criminally liable for an incident between two patients or two children if the incident is caused by a person without criminal responsibility. A criminal act committed by a child under the age of 15 or by an adult without criminal responsibility does not automatically sever the causal connection between the act and the neglect of the carer. However, for criminal liability to arise, the incident must have been foreseeable from the carer’s point of view. Incidents that can be considered foreseeable are so either as common knowledge or because of the specific knowledge of the carer. In addition, the carer must have acted either deliberately or negligently. A carer acts negligently if they have not acted within the standard level of care even if they have had the ability and possibility to do so. When the criminal liability of a carer is being assessed, it must be shown what duty was alleged to have been neglected, how the neglect contributed to the incident, whether the incident was foreseeable, what would have been needed to fulfil the duty of care, and whether the carer in fact had the possibility to act as required by the duty of care.
