What harm to health will be serious?
Qualifying signs of grave harm:
- harm that is life-threatening;
- loss of hearing, vision, speech;
- loss of an organ;
- loss of organ functions;
- abortion;
- mental disorder;
- drug addiction or substance abuse;
- permanent facial disfigurement;
- significant permanent loss of general ability to work by at least 1/3;
- complete loss of professional ability to work.
The above qualifying features are listed in the plot of this article.
The structure of the offense under Art. 111 of the Criminal Code of the Russian Federation
1) the object is human health.
2) the actions (inactions) themselves, as a result of which harm is caused to health, form the objective side of the offense under this article. The harm to health must be serious.
3) subject – from 14 years of age.
4) Intention to commit the above actions forms a subjective side under Art. 111. Intent can be direct or indirect and aimed at grievous harm.
The higher the part, the more severe the responsibility. Since the parts to this article contain qualifying features that aggravate liability.
What punishment can the court impose under Part 4 of Art. 111 of the Criminal Code of the Russian Federation?
Please tell me what the maximum punishment can be imposed by the court under Art. 111 part 4 of the Criminal Code of the Russian Federation, if the jury found him not guilty of premeditated murder, because initially there was Art. 105 part 1 of the Criminal Code of the Russian Federation and also gave the answer: deserves leniency, positive characteristics, confession, calling an ambulance, having a young child, has not been prosecuted before?
Lawyer Lebedev Z.S.
Good afternoon According to Article 349 of the Criminal Procedure Code, an indication in the verdict of the jury that the defendant, found guilty, deserves leniency is mandatory for the presiding judge when imposing punishment. If the defendant is found deserving of leniency, the presiding judge imposes a punishment on him using the provisions of Article 65 of the Criminal Code of the Russian Federation. If the jury did not find the defendant deserving of leniency, then the presiding judge, taking into account the circumstances mitigating and aggravating the punishment, and the identity of the perpetrator, has the right to assign punishment to the defendant not only within the limits established by the relevant article of the Special Part of the Criminal Code of the Russian Federation, but also using the provisions of the article 64 of the Criminal Code of the Russian Federation. According to Article 65 of the Criminal Code, the term or amount of punishment for a person found guilty of committing a crime by the jury, but deserving leniency, cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed. If the relevant article of the Special Part of this Code provides for the death penalty or life imprisonment, these types of punishments are not applied, and the punishment is imposed within the limits of the sanction provided for by the relevant article of the Special Part of this Code. According to Articles 61, 62, 64 of the Criminal Code, the following are recognized as mitigating circumstances: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. In the presence of mitigating circumstances provided for in paragraphs “and” and (or) “k” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special parts of this Code. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case, specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed. In the presence of exceptional circumstances related to the goals and motives of the crime, the role of the perpetrator, his behavior during or after the commission of the crime, and other circumstances that significantly reduce the degree of public danger of the crime, as well as with the active assistance of a participant in a group crime in solving this crime, a punishment may be imposed below the lower limit provided for by the relevant article of the Special Part of this Code, or the court may impose a more lenient type of punishment than provided for by this article, or not apply an additional type of punishment provided for as mandatory. Guilty of committing crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 210, Article 210.1, part four of Article 211, Article 361 of this Code, or guilty of committing related carrying out terrorist activities of crimes provided for in Articles 277, 278, 279 and 360 of this Code, a punishment cannot be imposed below the lower limit provided for by these articles, or a more lenient type of punishment than provided for by the relevant article cannot be imposed, or an additional type of punishment provided for as mandatory. According to Part 4 of Article 111 of the Criminal Code, intentional infliction of grievous harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement of a person, or causing a significant permanent loss of general ability to work by at least one third, or the complete loss of professional ability to work, known to the perpetrator, resulting through negligence in the death of the victim - is punishable by imprisonment for a term of up to fifteen years with restriction of freedom for a period of up to two years or without it. Thus, the punishment imposed on you cannot exceed 10 years in prison. However, given the presence of mitigating circumstances, the court has the right to assign you a more lenient punishment.
Sincerely, lawyer Zakhar Lebedev, partner of the law firm Antonov and Partners.
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Punishment for intentionally causing grievous harm
This article provides for only one main type of punishment - imprisonment.
According to the first part of Article 111 of the Criminal Code of the Russian Federation, the punishment is imprisonment for up to 8 years.
According to the second part of this article, the punishment will be up to 10 years in prison
According to Part 3 - up to 12 years, and according to Part 4 - up to 15 years in prison.
It is worth noting that there is no lower limit of punishment here. From which we can conclude that under the appropriate circumstances and the work of a criminal lawyer, you can receive the minimum amount of punishment. Don't skimp on a lawyer.
Criminal lawyer under Art. 111 of the Criminal Code of the Russian Federation will protect at the stages:
- pre-investigation check;
- preliminary investigation;
- judicial consideration of a criminal case;
- appealing the verdict of the court of first instance in the courts of appeal, cassation and supervisory instances;
The most important thing is not to make a mistake in choosing a lawyer and achieve real results, aimed, among other things, at minimizing your punishment. Exercise your rights to protection to the fullest. For proper protection under Art. 111 of the Criminal Code of the Russian Federation, seek legal advice online. Call 8-926-232-04-15.
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Commentary to Art. 111 Criminal Code
1. The objective side of this crime is expressed in an act that caused serious harm to health.
2. The medical characteristics of serious harm to health are enshrined in the Criminal Code and include: a) life-threatening harm to health, which is determined by the method of its infliction; b) causing consequences specifically designated by law - loss of vision, speech, hearing, loss of any organ or loss of an organ’s functions, termination of pregnancy (this type of serious harm to health differs from illegal abortion in that it is committed by the perpetrator against the will and wishes of the victim ), mental disorder, drug addiction or substance abuse, permanent facial disfigurement; c) significant permanent loss of general ability to work by at least one third; d) complete loss of professional ability known to the perpetrator. The content of these characteristics is disclosed in the Rules for determining the severity of harm caused to human health, approved by Decree of the Government of the Russian Federation of August 17, 2007 N 522, and in the Order of the Ministry of Health and Social Development of Russia of April 24, 2008 N 194n “On approval of Medical criteria for determining the severity of harm harm to human health."
3. Intentional grievous bodily harm should be distinguished from attempted murder. This means that if, as a result of actions aimed at taking the life of the victim, grievous harm to his health was caused, then the act should be classified as attempted murder.
4. By bullying and torment (clause “b” of Part 2 of Article 111 of the Criminal Code of the Russian Federation) we should understand actions that cause additional suffering to the victim (for example, prolonged infliction of pain by pinching or deprivation of food, drink, etc.). The forensic medical expert does not establish the fact of bullying or torture, but he states whether grievous harm to health was caused in this way.
5. In practice, there is a need to distinguish murder from the intentional infliction of grievous bodily harm, resulting in the death of the victim through negligence (Part 4 of Article 111 of the Criminal Code). In case of murder, the intent of the perpetrator is aimed at depriving the victim of life, and when committing a crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation, the attitude of the perpetrator towards the death of the victim is expressed in negligence. When deciding the direction of the intent of the perpetrator, the courts must proceed from the totality of all the circumstances of the crime committed and take into account, in particular, the method and weapons of the crime, the number, nature and location of bodily injuries (for example, injuries to vital organs of a person), as well as the preceding and subsequent crime behavior of the perpetrator and the victim, their relationship.
