Article 101 of the Criminal Code of the Russian Federation: intentional infliction of moderate harm to health

ST 101 of the Criminal Code of the Russian Federation.

1. Compulsory treatment in a medical organization providing psychiatric care in inpatient conditions may be prescribed if there are grounds provided for in Article 97 of this Code, if the nature of the person’s mental disorder requires such conditions of treatment, care, maintenance and observation that can only be carried out in a medical organization providing psychiatric care in inpatient settings.

2. Compulsory treatment in a medical organization providing psychiatric care in an inpatient setting, of a general type, may be prescribed to a person whose mental state requires treatment and observation in an inpatient setting, but does not require intensive supervision.

3. Compulsory treatment in a specialized medical organization providing psychiatric care in an inpatient setting may be prescribed to a person whose mental state requires constant monitoring.

4. Compulsory treatment in a medical organization providing psychiatric care in an inpatient setting, of a specialized type with intensive supervision, may be prescribed to a person whose mental state poses a particular danger to himself or others and requires constant and intensive supervision.

Article 101 of the Criminal Code of the Russian Federation: intentional infliction of moderate harm to health

Life-threatening harm to health can result from both bodily injury and diseases and pathological conditions.

Causing serious harm to health also includes damage to the genitals, accompanied by loss of productive capacity, consisting in loss of the ability to copulate or loss of the ability to fertilize, conceive, bear and bear children. This includes the loss of one testicle, which is the loss of an organ.

Dangerous to human life is harm to health that causes a condition that threatens the life of the victim, which can result in death. Avoidance of death due to medical care should not be taken into account when assessing such harm as life-threatening. Particularly difficult in practice is the assessment of the subjective side of this crime, the nature of the mental attitude of the perpetrator to the act and its consequences. Other harm to health, dangerous to life, can be caused to a person without violating the anatomical integrity of the body. Such cases can occur when, for example, a radioactive substance hidden in an apartment, any type of biological or toxin weapon is used to cause harm to health, or a person is put into a state of prolonged hypnotic or substituted (zombified) consciousness, becomes insane, but with a controlled effect on his psyche, etc.

Commentary on Article 101

1. To prescribe compulsory treatment in a psychiatric hospital, in addition to the presence of grounds provided for in Art. 97 of this Code (see commentary), the court must establish that this person specifically needs inpatient psychiatric treatment. This means that the nature of a person’s mental disorder, in particular, behavioral disorders caused by this disorder, as well as the unfavorable course of this disorder, does not allow for the treatment, care, maintenance and observation of this person in conditions other than inpatient ones. The need for inpatient psychiatric treatment arises when the nature and severity of a mental disorder is combined with the danger of a mentally ill person to himself or others or the possibility of causing him other significant harm and excludes outpatient observation and treatment by a psychiatrist as a compulsory medical measure.

2. The nature of the mental disorder and the need for inpatient compulsory treatment must be established by the court on the basis of the conclusion of expert psychiatrists, which indicates what type of compulsory medical measures and why is recommended for this person. When choosing a compulsory measure recommended for appointment by the court, expert psychiatric commissions are based on the general principle of the necessity and sufficiency of this measure to prevent new socially dangerous acts on the part of a mentally ill person, as well as to carry out the treatment and rehabilitation measures necessary specifically for him (clause 7 of the Temporary Instruction on the procedure for applying coercive and other medical measures against persons with mental disorders who have committed socially dangerous acts, approved by Order of the USSR Ministry of Health No. 225 of March 21, 1988).

3. The appointment of compulsory medical measures is the exclusive competence of the court, and the opinion of psychiatric experts is assessed in conjunction with all the circumstances of the case. The court must assess the mental state of the person during the commission of a socially dangerous act (or during the consideration of the issue of applying compulsory medical measures if the person fell ill with a mental disorder after committing a crime, including the time of serving the sentence), the nature and degree of social danger of the act committed by the person, including including the method of its commission and the severity of the consequences (paragraphs 6 and 15 of the resolution of the Plenum of the Supreme Court of the USSR No. 4 of April 26, 1984, as amended by the resolution of the Plenum of the Supreme Court of the USSR No. 17 of November 1, 1985).

Based on an assessment of the person’s mental state, the nature of his mental disorder and the act he committed, and taking into account the conclusion of a forensic psychiatric examination, the court decides to impose a specific compulsory measure of a medical nature and, when choosing inpatient compulsory treatment, indicates what type of hospital the person should be sent to.

4. This Code establishes three types of compulsory treatment in a psychiatric hospital, as provided for in the previous Criminal Code, but the names of the types of inpatient psychiatric institutions for compulsory treatment have changed.

Psychiatric hospitals for compulsory treatment can be of a general type, a specialized type and a specialized type with intensive observation. The specialization of a psychiatric hospital means that the medical institution has a special regime for keeping patients, including taking measures to prevent repeated socially dangerous acts and escapes, as well as specialized rehabilitation, preventive and correctional educational programs, oriented in accordance with the characteristics of the patients admitted there. The specialized nature of a psychiatric hospital excludes the possibility of admission and detention of other patients who are not sent for compulsory treatment. At the same time, compulsory treatment in a general psychiatric hospital in terms of the regime actually does not differ from that under which mentally ill people who have not committed socially dangerous acts are treated. Changing the names of the types of inpatient psychiatric institutions for compulsory treatment in this Code will not affect the established practice of organizing compulsory treatment or recommendations for prescribing specific types of it.

5. Psychiatric compulsory treatment in a general hospital may be prescribed to a person whose mental state requires hospital treatment and observation, but does not require intensive observation. The need for compulsory treatment here is due to the fact that with the relative speed of removing the patient from a psychotic state with the help of drug treatment, there is still a possibility that he will commit a repeated socially dangerous act or the patient does not have a critical attitude towards his condition. Hospital placement thus serves to consolidate the results of treatment and helps monitor the sustainability of the improvement in the patient’s mental state.

As a rule, this measure should be prescribed to patients who have committed socially dangerous acts in a psychotic state, in the absence of pronounced tendencies towards gross violations of the regime, but with the likelihood of a recurrence of psychosis or with an insufficient critical assessment of their condition, as well as patients with dementia and mental defects of various origins, those who have committed acts provoked by external unfavorable circumstances, also in the absence of a tendency to repeat them and gross violations of the regime (clause 9 of the Temporary Instruction on the procedure for applying compulsory and other medical measures in relation to persons with mental disorders who have committed socially dangerous acts).

6. Compulsory treatment in a specialized psychiatric hospital may be prescribed to a person whose mental state requires constant monitoring. Patients who have committed socially dangerous acts and pose a significant danger due to their tendency to commit new acts are admitted to such hospitals. Most of the patients in such hospitals suffer from psychopathic-like disorders, various mental defects and personality changes. Treatment and rehabilitation measures in specialized hospitals are based on psychocorrectional measures and labor rehabilitation.

7. Compulsory treatment in a specialized psychiatric hospital with intensive supervision may be prescribed to a person whose mental state poses a particular danger to himself or others. This danger is posed by patients with psychotic conditions and productive symptoms (for example, schizophrenia and other psychoses with ideas of persecution and poisoning, imperative hallucinations, etc.), as well as patients prone to systematic repeated socially dangerous acts and gross violations of hospital regulations (attacks on staff , escapes, etc.). As a rule, this type of inpatient compulsory treatment should be prescribed to those who have committed particularly serious acts against the individual, with a real possibility of their repetition, due to clinical manifestations of a mental disorder and/or personal characteristics. The nature of the mental disorders of such patients, the characteristics of their personality, in particular, the tendency to persistent antisocial manifestations, exclude the possibility of their placement both in a general hospital and in a specialized hospital. Such patients require constant and intensive monitoring and special safety measures. That is why in such hospitals there are security and supervision, which are carried out according to the established practice of the Ministry of Internal Affairs of the Russian Federation.

8. In order to prevent social maladaptation of mentally ill patients, compulsory treatment in general hospitals and specialized hospitals should be carried out at the place of residence of patients or their relatives. As for specialized hospitals with intensive observation, the peculiarities of these institutions and the requirements for the regime of keeping patients do not allow organizing compulsory treatment in accordance with the mentioned principle, and often patients of such medical institutions are subject to compulsory treatment at a considerable distance from home.

9. Compulsory inpatient treatment is associated not only with the isolation of patients from society, but also with other legal restrictions due to the requirements of the regime of hospitals providing compulsory treatment, for example, the prohibition of free exit from the territory of the medical institution, and the non-granting of home leave. Patients in psychiatric hospitals for compulsory treatment cannot be discharged without a court decision to cancel such treatment.

Persons undergoing compulsory treatment do not have the right to refuse treatment, although the possibility of carrying out treatment without the patient’s consent does not relieve the doctor from the need to try to obtain consent. If the patient still does not give such consent, then the treatment necessary for this patient can be prescribed by decision of a commission of doctors (Part 4 of Article 11 of the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision”). In addition to the general prohibition of using medical means and methods to punish a patient or in the interests of other persons (Part 3 of Article 10 of the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision”), it is prohibited to use for the treatment of patients who have been prescribed compulsory treatment, surgical and other methods that cause irreversible consequences (Part 5 of Article 11 of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision”). Such methods include lobotomy, destruction of the focus of epileptic activity in the brain, treatment with endocrine drugs that significantly change biological processes in the human body, and some others. Patients undergoing compulsory treatment cannot be used for testing medical means and methods, which means a ban on the use of new, but not yet approved for general use, medicines and other means, as well as methods of diagnosis and prevention (Part 5 of Article 11 Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision”).

10. For the legal status of patients in psychiatric hospitals providing compulsory treatment, the provision contained in Art. 13 of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision.” In accordance with this norm, “persons placed in a psychiatric hospital by a court decision to apply compulsory medical measures enjoy the rights provided for in Article 37 of this Law.” Article 37, in turn, defines the rights of patients in all psychiatric hospitals and does not contain any exceptions for such medical institutions that provide compulsory treatment.

All rights of patients in psychiatric hospitals are divided into two groups. The first of these includes rights that cannot be limited under any circumstances, for example, the right to submit uncensored complaints and statements to government authorities, the prosecutor's office, the court and a lawyer, the right to meet with a lawyer and clergy in private, the right to perform religious rites and observe religious canons, the right to receive, on an equal basis with other citizens, remuneration for work in accordance with its quantity and quality, if the patient participates in productive work, and others.

The second group of patients' rights established in Art. 37 includes rights that may be limited in the interests of the health and safety of both patients and others. This decision is made by the chief physician of a psychiatric hospital or the head of the department on the recommendation of the attending physician. Restricted rights include: the right to correspond without censorship; receive and send parcels, parcels and money transfers, use the telephone; receive visitors; own and purchase basic necessities and use their own clothing.

In accordance with Part 2 of Art. 13 of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision”, patients undergoing compulsory treatment are recognized as incapable of work for the entire period of stay in a psychiatric hospital and are entitled to state social insurance benefits or a pension on a general basis. This right for this category of psychiatric patients did not exist before the adoption of this Law.

And finally, persons undergoing compulsory treatment are fully covered by Art. 5 of this Law, which establishes the rights of persons with mental disorders, as well as other norms aimed at ensuring and protecting their rights, in particular, the right to appeal the actions and decisions of medical workers, including medical commissions, when providing mental health care (Article 47 - 49).

11. The period of compulsory treatment is not established when it is prescribed. Such treatment continues until the person suffering from a mental disorder recovers or until his mental state changes to such an extent that compulsory treatment is no longer necessary. If the mental state of a person changes and there is a need to prescribe another compulsory measure of a medical nature (either less or more strict), then the type of compulsory treatment initially prescribed can be changed. Both cancellation and modification of inpatient compulsory measures are carried out by the court upon the proposal of the administration of the psychiatric hospital providing compulsory treatment, based on the conclusion of a commission of psychiatrists.

12. When deciding whether to change or terminate the application of a compulsory measure of a medical nature, it is recommended to use the principle of gradation, which consists in gradually changing the type of such measures from more to less strict, up to their complete abolition (clause 32 of the Temporary Instruction on the procedure for applying compulsory and other measures of a medical nature in relation to persons with mental disorders who have committed socially dangerous acts). Thus, an improvement in the mental state of a person, which entails a reduction in his danger to himself or other persons, which eliminates the need for inpatient compulsory treatment, allows the court to change the previously taken measure and prescribe outpatient observation and treatment by a psychiatrist (see commentary to Article 100 ).

Although a gradual change in the type of compulsory treatment from more strict to less strict facilitates the social adaptation of a mentally ill person, it must be borne in mind that this principle is not mandatory for the court. The Supreme Court of the USSR clarified that a more stringent measure of inpatient compulsory treatment, if there are grounds for it, can be canceled without first transferring the patient to a psychiatric hospital of a less strict type (clause 19 of Resolution of the Plenum of the Supreme Court of the USSR No. 4 of April 26, 1984, as amended , introduced by Resolution No. 17 of November 1, 1985).

13. When compulsory medical measures are cancelled, the provision of psychiatric care to a person suffering from a mental disorder, including placement in a psychiatric hospital, is carried out on the grounds and in the manner established by the Law of the Russian Federation “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision.”

Scientific and practical commentary:

1. The article under comment sets out the grounds for hospitalization in a psychiatric hospital. A person suffering from a mental disorder may be sent to such a hospital if his treatment is possible only in an inpatient setting, and the mental disorder is severe and causes: a) his immediate danger to himself or others; b) his helplessness, i.e. inability to independently meet basic life needs; c) significant harm to his health (due to deterioration of his mental state) if the person is left without psychiatric help. 2. Compulsory treatment in a general psychiatric hospital is prescribed to a person who, due to the nature of the disease, does not require intensive monitoring. As a rule, such patients do not show a tendency to violate the hospital regime and have a favorable prognosis regarding the therapeutic treatment of their disease. General psychiatric hospitals include departments of psychiatric hospitals or other similar institutions (dispensaries, clinics, institutes, centers). Compulsory treatment is not one of the main functions of these medical institutions. Inpatient psychiatric care in general institutions is provided in the least restrictive conditions that ensure the safety of the hospitalized person and other persons, while the medical staff respects his rights and legitimate interests (Article 37 of the Law “On Psychiatric Care and Guarantees of the Rights of Citizens in its Provision”). At the same time, patients are subject to some restrictions: there is no free exit from the department, walks are carried out only on the territory of the hospital, and medical leave is not provided. 3. Patients who, due to their condition, require constant intensive monitoring are sent to specialized psychiatric hospitals. Such patients are prone to violating the hospital regime, are characterized by persistent or frequently recurring painful conditions, aggressive behavior, delusional states, and are prone to affective outbursts and repetition of socially dangerous acts. In specialized psychiatric hospitals, the use of measures of physical restraint and isolation is permitted. However, these measures are applied only in those cases, forms and for that period of time when, in the opinion of a psychiatrist, it is impossible to prevent by other methods the actions of a hospitalized person that pose an immediate danger to him or other persons, and are carried out under the constant supervision of medical personnel. At the same time, these hospitals are characterized by the use of general security measures (the presence of a security alarm, control over transmissions, isolated walking areas). 4. Specialized hospitals with intensive observation are independent medical institutions of federal subordination that serve the territories of several constituent entities of the Russian Federation. At these institutions, there are security units that are equipped with special control and alarm equipment, they carry out external security of the institution, and monitor the behavior of patients inside the departments, during walks and rehabilitation activities. 5. When imposing this compulsory measure of a medical nature, the court does not establish a period of detention in a psychiatric hospital. These terms depend on the mental state of the patient, treatment methods, and their duration. The specific institution where treatment should be carried out is determined by health authorities.

Article 112 of the Criminal Code of the Russian Federation

• a group of persons, a group of persons by prior conspiracy or an organized group;

h) with the use of weapons or objects used as weapons -

c) in relation to a minor or another person who is known to the perpetrator to be in a helpless state, as well as with special cruelty, humiliation or torture for the victim;5. Acts provided for in parts 1 and 2 of the comment. articles fall into the category of crimes of medium gravity. f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group;

Article 112

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h) with the use of weapons or objects used as weapons, -Addresses of tax inspectorates of the Federal Tax Service of Moscow, St. Petersburg and other cities of Russia (tax.ru). What is the article of causing grievous bodily harm by negligence? Place of registration of individual entrepreneurs and registration of LLC in Moscow at No. 46 tax office

at the address: 125373, Moscow, Pokhodny proezd, possession 3, building 1, 5th floor tel: +7 (495) 400-32-78
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: 197376, St. Petersburg, st. Krasnogo Tekstilshchik, 10-12, letter “O” (entrance from Sinopskaya embankment) tel Please sign the petition for reducing reports for employers from 25 to 4 per year, on the ROI and change.org websites. Practice classifies cracks and fractures of small bones, rib fractures, soft tissue injuries, etc. as moderate harm to health. 1) negative - harm to health that is not life-threatening and does not entail the consequences specified in Art. 111 CC; The subject of the illegal action in question is the person who intentionally caused harm to health.

The injured party is considered the object of the crime.

• 5 people were acquitted. They have been recognized as having the right to rehabilitation.
• 1,014 defendants received actual prison sentences.
• The most common type of punishment was suspended imprisonment. 2,162 people received it.
• 34 persons were sentenced to restriction of freedom.
• 9 defendants were awarded a fine.
• Correctional labor was assigned to 19 defendants.
• Compulsory labor was awarded to 27 defendants.

For a crime under Part 1 of Art. 112 of the Criminal Code of the Russian Federation, the attacker faces: Considering cases under Art. 112 part 1 of the Criminal Code of the Russian Federation, courts usually do not sentence people to prison.

Only a person with a previous conviction or who committed a crime while on parole can receive a real sentence.

Commentary on Article 101 of the Code of Criminal Procedure of the Russian Federation

1. This article provides for all preventive measures a general procedure for their selection - making a decision (clause 13 of article 5). The use of preventive measures as a set of procedural actions to implement the decision made (clause 29 of Article 5) is regulated by Art. Art. 102 - 109.

2. The resolution and determination on the selection of a preventive measure must be legal, justified and motivated (Part 4 of Article 7), they must contain an analysis of the grounds, conditions and additional circumstances (see committee to Articles 97, 99) .

3. Current legislation provides for two procedures for deciding on a preventive measure:

1) detention, house arrest and bail are chosen adversarially (Article 123 of the Constitution of the Russian Federation, Article 15 of the Code of Criminal Procedure), when one party (the prosecutor) petitions for the application of a preventive measure before an independent arbitrator - the court, and the other party (the defense) has the right to object and challenge the validity of this measure (Article 108 of the Code of Criminal Procedure);

2) all other preventive measures at the stage of preliminary investigation are chosen by the criminal prosecution body leading the process (investigator, interrogator), on its own initiative. This is an investigative (inquisitorial) procedure that contradicts the fundamental rule of the adversarial process (and the constitutional principle) - equality of the parties. The prosecution (the investigator - clause 47 of article 5) chooses a preventive measure against the defense (the accused - clause 46 of article 5). Equal subjects do not give each other binding orders. The investigative procedure of using procedural coercion can only be justified in urgent situations.

The initiative of the court in applying preventive measures does not contribute to competition. In the lawsuit process, the actions of the court must always be within the scope of the claim (complaints, petitions, accusations). The current Code of Criminal Procedure allows the court to choose a preventive measure without a petition from the prosecutor (including against his wishes - part 10 of article 108, part 3 of article 237, article 255). By virtue of the direct effect of Art. 123 of the Constitution of the Russian Federation, the court should not choose a preventive measure if the public or private prosecutor objects to it. Considering this issue, the Constitutional Court of the Russian Federation emphasized that the right of the court itself to raise and decide on its own initiative the issue of choosing a preventive measure does not contradict the Constitution of the Russian Federation, since it does not relieve the court of the obligation to listen to the opinions of the parties, and the parties cannot be deprived of the opportunity to bring their arguments <1>.

——————————— <1> See: Resolution of the Constitutional Court of the Russian Federation of March 22, 2005 N 4-P // RG. 2005. April 1.

Intentional and unintentional infliction of moderate harm to health

Loss of speech, hearing, vision or any organ. It is also possible for the organ to lose its important functions.

The harm caused can be considered unintentional if the perpetrator is aware of the danger of his actions, but he frivolously hopes to avoid possible dangerous consequences. Or he does not foresee this harm, but, based on his experience and knowledge, he should have foreseen it.

A typical case is considered to be a road accident due to which the victim received bodily injuries. The traffic law violator understood how his reckless behavior could end, but he believed that his “excellent driving skills would help avoid a possible dangerous situation.

An experienced lawyer should draw up all the paperwork and protect the interests of the accused. Thanks to the participation of professionals, a favorable outcome of the case and receipt of the necessary compensation can be guaranteed.

Significant loss of general ability to work (no less than one third).

These are not criteria for establishing the average severity of harm to health, but general signs according to which the degree of severity of harm can be determined.

Causing moderate harm to health

• motivated by national, racial, religious hatred or enmity;

Expert conclusion: the injury - an open splintered fracture of the index finger of the right hand, followed by its complete separation - could have been caused on December 19, 1997 by any heavy, blunt, hard object (for example, as a result of being crushed by a car door) and is classified as moderate harm health, as resulting in permanent loss of ability to work for less than one third (20%).

Expert's conclusion: the injuries - incised wounds of the left forearm with a complete rupture of the tendon of the 2nd finger of the left hand - could have been caused on May 20, 1997 by an object with a sharp edge, possibly a piece of glass, and are classified as moderate harm to health, as causing long-term distress health (over 21 days). A long-term health disorder should be understood as a temporary loss of ability to work lasting more than 3 weeks (more than 21 days).

When examining injuries that have caused long-term health problems, it is necessary to carefully analyze medical documents, since in some cases the patient’s long stay in treatment is not due to the injury itself, but to the need for a clinical examination or other factors. Expert conclusion: the described injuries - 1st - 2nd degree concussion, traumatic neuritis of the left auditory nerve could have been caused on July 28, 1997 by any hard object or by hitting one and are considered to be of moderate severity of harm to health, as having caused long-term health disorder (over 21 days). 2) positive - harm to health that caused a long-term health disorder lasting more than three weeks (more than 21 days) or a significant permanent loss of general ability to work by less than 1/3 (from 10 to 30% inclusive). Moderate harm to health is described using two groups of signs: In judicial practice, there are many cases of moderate harm to health. Many lawyers and consultants argue about the preventive measure for causing moderate harm to health. In most cases of road traffic accidents, the culprit falls under administrative liability.

However, often the perpetrators of road accidents do not have selfish motives and the intention to cause harm: this occurs as a result of violating traffic rules. The subject of the offense committed is a person who has reached the age of criminal responsibility (in the Russian Federation - 14 years).

Commentary to Art. 101 Criminal Code

1. The basis for compulsory hospitalization of a person in a medical organization providing psychiatric care in an inpatient setting is the presence of a severe mental disorder in the patient, which causes: a) his immediate danger to himself or others, or b) his helplessness, i.e. inability to independently satisfy the basic needs of life, or c) significant harm to his health due to deterioration of his mental state if the person is left without mental health care.

2. The law specifies three types of inpatient settings: general type, specialized type and specialized type with intensive supervision. The types differ in the criteria for ensuring the safety of the persons being treated there, the regime of their detention, and the degree of intensity of monitoring of these persons.

Causing harm to health of moderate severity - liability and punishment under Art.

The specific punishment under Part 1 of Art. 112 of the Criminal Code of the Russian Federation determines the convicted person, based on the facts in the case. If the intentional infliction of average harm to health is committed with the presence of aggravating circumstances (see Part 2), then the perpetrator faces a five-year imprisonment.

Here the punishment is more lenient than for an intentional crime. For example, the maximum penalty for medium bodily injury while in a state of passion is 2 years in prison.

There are several common cases where misconduct can be classified as moderate personal injury. Causing average harm to health through negligence of the Criminal Code of the Russian Federation 2022? If the victim’s health was damaged due to excessive self-defense, then the most severe punishment for the perpetrator is 1 year in prison. Everyone has the right to protect themselves and others from criminal attacks. However, self-defense has its limits. If they are exceeded, criminal liability may also arise.

The listed factors indicate a lower degree of danger for the perpetrator. The punishment for intentional mutilation is minimal. Circumstances are recognized as mitigating if they are not included in the privileged elements of the crime - murder in excess of self-defense, excess of measures when arresting the offender.

• action in a state of passion;
• exceeding the boundaries of defense;
• mental insanity;
• causing harm of average severity through negligence.

If you still have questions regarding Article 112 of the Criminal Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.1. Composition of the crime: object: social relations ensuring the safety of the health of citizens; objective side: consists of unlawfully causing moderate harm to the health of another person through action or inaction with criminal consequences in the form of causing moderate harm to a person’s health and the presence of a causal connection between the act and the consequence; subject: an individual who was 14 years old at the time of the crime.

Review Art. 101 FZ-229 “On enforcement proceedings”

Enforcement proceedings are the actions of the FSSP, through which property is seized and the debtor’s income is recovered. The order to initiate a case is sent to the citizen. The creditor's claims must be satisfied within the specified period. If this does not happen, service employees begin enforcement. But Art. 101 FZ-229 “On Enforcement Proceedings” limits the seizure of certain income.

Hotline for citizen consultations: 8 (800) 200-46-92

Types of compensation not subject to recovery

According to Art. 101 of the Federal Law “On Enforcement Proceedings” the bailiff does not have the right to withhold a certain portion of the income of citizens. First of all, this is the main type of social support – compensation payments.

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• The restrictions do not apply to payments sent to victims of major disasters or to persons caring for the disabled.
• They do not collect money for the purchase of medicines or travel reimbursement (paid every month or year).
• Labor compensation cannot be subject to withholding: for travel on duty, when transferring to a new job in another place; for a service tool; for the birth of a child, marriage, death of relatives (amounts paid by the organization).
• Another legal point is compensation for the price of vouchers (partial or full), but not tourist ones. The organization pays these funds to employees, their families, disabled people, and children under 16 years of age. The voucher must be for a sanatorium-resort or health-improving establishment.
• The provisions of the Law “On Enforcement Proceedings” in Article 101 exclude from collection the cost of travel to the place of treatment and back.

Compensation for the death of the breadwinner, damage and harm to health cannot be seized.

Benefits and income of persons prohibited from seizure

The bailiff cannot seize some types of benefits and payments. But it is important that the bank or FSSP employees know about the purpose of the payments.

What income is not seized:

• The law prohibits the recovery of money received for injury to health or loss of a breadwinner.
• Payments for injuries and injuries received in the performance of official duties. It is impossible to seize funds that a family receives upon the death of a person performing official duties.
• Alimony, child support.
• Art. 101 of the Federal Law “On Enforcement Proceedings” prohibits the seizure of money with which guardians must support minor children during the search for their parents.
• Funeral payments (the amount of social benefits does not matter).
• Money allocated to victims and relatives of those who died in emergencies as one-time financial assistance.

The bailiff cannot withhold financial assistance allocated due to the loss of property.

Intentional infliction of moderate harm to health (Art.

Object of the crime:

• generic – social relations in the field of personal protection;
• specific - public relations in the sphere of protecting human life and health;
• direct - social relations that develop regarding the realization by a person of the natural right to health and guaranteeing the safety of this good.

To qualify an act under Art. 112 of the Criminal Code, it is enough to establish the presence of one of these signs.

A long-term health disorder is understood as a temporary loss of general ability to work lasting more than three weeks (more than 21 days); a significant permanent loss of ability to work of less than 1/3 means a permanent loss of ability to work from 10 to 30% inclusive. The concept of causing harm to health of moderate severity due to negligence? To receive the most detailed advice on your issue, you just need to select any of the options offered.

• Each case is unique and individual.
• A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

Liability for causing harm to health of moderate severity

The largest percentage of all illegal actions that serve as a reason for initiating criminal proceedings is the intentional infliction of moderate harm to health. The consequences of criminal activity may depend on the type of damage: significant damage to property, rights and constitutionally guaranteed human freedoms can be caused.

The punishment depends not only on the method of causing the damage, but also on the motives of the offender.

For example, causing harm through negligence is punishable by a lenient sentence. To initiate a case under Article 112, the following conditions specified in the Criminal Code must be met:

1. Establishing the fact of harm, its degree and severity. This procedure is always performed by a specialist with medical education. Without a doctor's examination and his conclusion, criminal proceedings are not initiated due to the lack of corpus delicti.
2. The commentary states that a case is opened only at the request of the victim. The basis is his written statement

In more complex situations, which are accompanied by aggravating circumstances, the punishment is to serve a sentence in a maximum security colony for up to 5 years. However, the most significant harm is considered to be harm to health and well-being, which leads to loss of ability to work and disruption of the victim’s usual life activities.

• With the direct, everything is clear - these are human actions that were performed in a normal mental and psychological state, when the subject clearly understood what he was doing and what awaited him subsequently.
• Indirect intent is a violation of the law that was committed by a person who understands what he is doing, but at the same time he did not want and did not intend to harm the health of the victim.

A person can be sent for forced labor; this practice is quite common and the maximum period of service can be 3 years. In some cases, freedom of movement may be limited; the longest period for this is within 3 years. The second part of Article 112 of the Criminal Code also states that the term of imprisonment can be increased in some cases to 5 years.

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• Careless storage of firearms by design is a compound
• Criminal legal characteristics of kidnapping and hostage taking
• Refusal to initiate criminal proceedings in case of mutual fight
• Kidnapping statistics in Russia for 2022

Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

Second commentary to Art. 101 of the Criminal Code of the Russian Federation

1. According to paragraph 4 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated 04/07/2011

“On the practice of using compulsory measures of a medical nature by courts”, this type of specified measure is selected by the court, based on the provisions of Part 2 of Art. 99, art. 100 and 101 of the Criminal Code. In this case, the court is obliged to motivate the decision based on an assessment of the expert’s opinion on the mental state of the person against whom proceedings are being conducted to apply compulsory medical measures.

2. The article under comment sets out the grounds for hospitalization in a psychiatric hospital. A person suffering from a mental disorder may be sent to a psychiatric hospital if his treatment is possible only in an inpatient setting, and the mental disorder is severe and causes him an immediate danger to himself or others; his helplessness, i.e. inability to independently meet basic life needs; significant harm to his health (due to deterioration of his mental state) if the person is left without psychiatric help.

3. Compulsory treatment in a medical organization providing psychiatric care in an inpatient setting is prescribed to a person who, due to the nature of the disease, does not require intensive monitoring. As a rule, such patients do not show a tendency to violate the hospital regime and have a favorable prognosis for therapeutic treatment of their disease. Inpatient psychiatric care in general institutions is carried out in the least restrictive conditions that ensure the safety of the hospitalized person and other persons, while the medical staff respects his rights and legitimate interests (Article 37 of the Law of the Russian Federation “On psychiatric care and guarantees of the rights of citizens during its provision”).

At the same time, patients are subject to some restrictions: there is no free exit from the department, walks are carried out only on the territory of the hospital, and medical leave is not provided.

4. Patients who, due to their condition, require constant intensive monitoring, are sent to specialized medical organizations providing psychiatric care in inpatient settings. Such patients are prone to violating the hospital regime; characterized by persistent or frequently recurring painful conditions, aggressive behavior, delusional states; predisposed to affective outbursts and repetition of socially dangerous acts.

In specialized psychiatric hospitals, the use of measures of physical restraint and isolation is allowed. However, these measures are applied only in those cases, forms and for that period of time when, in the opinion of a psychiatrist, it is impossible to prevent by other methods the actions of a hospitalized person that pose an immediate danger to him or other persons, and are carried out under the constant supervision of medical personnel.

These hospitals are also characterized by the use of general security measures (the presence of a security alarm, control over transmissions, isolated walking areas).

5. Specialized hospitals with intensive observation are independent medical institutions of federal subordination that serve the territories of several constituent entities of the Russian Federation. At these institutions, there are security units that are equipped with special control and alarm equipment, they carry out external security of the institution, and monitor the behavior of patients inside the departments, during walks and rehabilitation activities.

5. In accordance with the Federal Law of 05/07/2009 No. 92-FZ “On ensuring the security of specialized psychiatric hospitals (hospitals) with intensive supervision”, employees of the security unit of a psychiatric hospital have the right to use physical force to detain persons undergoing compulsory treatment in a psychiatric hospital hospital, and suppression of dangerous actions on the part of these and other persons located on the territory of a psychiatric hospital. In addition, they may use special means to:

1) repelling an attack on employees of the security unit of a psychiatric hospital, persons undergoing compulsory treatment in a psychiatric hospital, medical personnel, as well as on other persons located on the territory of a psychiatric hospital;

2) suppression of group violations of public order by persons undergoing compulsory treatment in a psychiatric hospital;

3) suppressing attempts by persons undergoing compulsory treatment in a psychiatric hospital to illegally leave the psychiatric hospital, including when transferring from one psychiatric hospital to another or when accompanying them to other health care institutions, or to cause harm to others or themselves;

4) release of forcibly detained persons and seized protected objects of a psychiatric hospital;

5) suppression of attempts to forcibly release persons undergoing compulsory treatment in a psychiatric hospital.

Rubber truncheons, handcuffs, light and sound distraction devices, service dogs, and means of forcibly stopping transport can be used as special means.

The types of special means to be used are determined by employees of the security unit of a psychiatric hospital, taking into account the current situation and the nature of the offense.

6. When imposing a compulsory measure of a medical nature, the court does not establish a period of detention in a psychiatric hospital. These terms depend on the mental state of the patient, treatment methods, and their duration.

The specific institution where treatment should be carried out is determined by health authorities.

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