The aim of this work is to elaborate on the precise criteria for negligent misconduct in the criminal sense. Can one speak of a legal obligation to avoid wrongdoing if a specific hypothetical standard figure would have behaved differently than the subject being assessed? Or must the law, in its behavioral requirements, take into account the individual circumstances of the person acting or omitting? Negligent misconduct is determined with regard to the legal consequences of conviction and punishment in question. The investigation concludes that the object of assessment regarding what must be avoided by law is shaped by the person being assessed for purpose- and value-rational reasons. The standard of assessment is, of course, a legal one.