Lawyer under Art. 112 of the Criminal Code of the Russian Federation Causing moderate harm to health

Lawyer under Art. 112 of the Criminal Code of the Russian Federation in Krasnogorsk will provide the necessary assistance at any stage of the criminal process, starting from the stage of verification in accordance with Art. Art. 144 – 145 of the Code of Criminal Procedure of the Russian Federation (even before the initiation of a criminal case) and before the case is considered by the court.

Article 112 of the Criminal Code of the Russian Federation provides for liability for the intentional infliction of moderate harm to health, not dangerous to human life and not entailing the consequences specified in Article 111 of the Criminal Code of the Russian Federation, but causing a long-term health disorder or a significant permanent loss of general ability to work by less than one third.
Part one of this article belongs to the category of crimes of minor gravity, as it provides for a maximum penalty of imprisonment of up to three years. The second part already belongs to the category of crimes of medium gravity, an act under it is qualified if the following criteria are present: if the crime is committed against two or more persons, against a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty, against a minor or other person, known to the perpetrator to be in a helpless state, as well as with special cruelty, bullying or torture for the victim, by a group of persons, a group of persons by prior conspiracy or an organized group, for hooligan reasons, for political, ideological, racial, national reasons or religious hatred or hostility or based on hatred or hostility towards any social group, using weapons or objects used as weapons. Part two art. 112 of the Criminal Code of the Russian Federation provides for a maximum penalty of up to five years in prison. CRIMINAL LAWYER call now: ☎ 8 (495) 532-75-40

Protection under Art. 112 of the Criminal Code of the Russian Federation Causing moderate harm to health

Defense in cases of intentional infliction of moderate harm to health in Krasnogorsk begins with a conversation with a criminal lawyer in Krasnogorsk, assessing the prospects and building a legal position. In some cases, for example, it is possible to re-qualify Art. 112 of the Criminal Code of the Russian Federation from part two to part one by excluding qualifying features, and this is a crime of minor gravity, providing for a less severe punishment. Decisive evidence in cases of this category, including, along with Art. 112 of the Criminal Code of the Russian Federation, and Art. Art. 111, 113, 114, 115, 116, 118 of the Criminal Code of the Russian Federation, is a forensic medical examination of the severity of harm to health. It is the expert opinion that directly influences the qualification of actions. In this case, it is important to pay attention to the state of health of the victim before violence was used against him, whether he had a history of any physiological characteristics predisposing to increased damage to health, for example, calcium deficiency, which leads to increased fragility of bones, difficulties with blood clotting, etc. .P. Another important issue is the cause-and-effect relationship between the occurrence of harm to health and the actions of the suspect/accused. An important role here is played by the moment when the harm to health occurred - before the use of violence, after the use of violence. If harm to the victim’s health occurred after the use of violent actions, then it is necessary to raise the question of finding out what exactly caused the harm to health by the actions of the accused or other factors, be it untimely and improper provision of medical care, the use of violence by other persons subsequently, etc.

What qualifies as moderate beating?

Moderate severity is characterized by:

• complete incapacitation of the victim for a short period of time;
• or persistent but minor health impairment;
• loss of working capacity of less than one third;
• no danger to life.

Visible health problems of the person who received the blows may include the following types of injuries, confirmed during examination by a forensic expert:

1. concussions;
2. fractures of the nose or jaws;
3. limb fractures;
4. rib fractures, if internal organs are not affected;
5. extensive hematomas on the surface of the skin;
6. joint dislocations;
7. bites, cuts and other damage to the surface of the skin.

When qualifying this crime, the absence of a threat to the life of the victim, as well as the reversibility of the health consequences, are taken into account. Internal organs should not be affected here; all violations should involve complete rehabilitation of the victim. For intentionally inflicted cuts, burns, etc. in the facial area, the liability is aggravated in comparison with injury to closed areas of the body.

If damage of moderate severity was caused in a public place, read this material.

Violence of a husband towards his wife has its own characteristics. We talked about where and how to film a husband beating him and what the punishment would be for beating his wife. Check them out if this is your situation.

Lawyer under Art. 112 of the Criminal Code of the Russian Federation Causing moderate harm to health

Lawyer under Art. 112 of the Criminal Code of the Russian Federation in Krasnogorsk will carefully study all the circumstances of the incriminated crime and build the optimal line of defense. If an investigation is underway against you or your relative or a case has been initiated under Art. 112 of the Criminal Code of the Russian Federation, without wasting time, call a lawyer in cases of intentional infliction of moderate harm to health in Krasnogorsk. To contact and make an appointment with a criminal lawyer in Krasnogorsk, you need to call the phone number listed on the website, or write your request through the feedback form.

A criminal lawyer carries out his activities in the territory of the city of Krasnogorsk and the Krasnogorsk district of the Moscow region (Krasnogorsk urban district), including the Pavshinskaya floodplain, Myakinino, Nakhabino, Arkhangelskoye, Ilyinskoy, Otradnenskoye, as well as in the territory of the city of Istra and the Istra district (including Pavlovskaya Sloboda, Dedovsk, Snegiri), the urban district of Khimki, including the city of Khimki and the city of Skhodnya and nearby areas of Moscow, including the north-west of Moscow (Strogino, Shchukino, Pokrovskoye-Streshnevo, Tushino, Mitino, Kurkino, Zelenograd).

Can they be deprived of their freedom?

In case of beatings of moderate severity, the norms of criminal law are always applied. Punishment in the form of imprisonment in this case is used quite often. It can follow even in accordance with the norms of part 1 of the indicated article. In this case, it reaches three years in prison.

If you have qualifications, liability arises according to the norms of Part 2 of the Criminal Code of the Russian Federation. Here the term of imprisonment can reach 5 years. The severity of the punishment in this case is rightfully determined by the cruelty of the person, who is of a dangerous nature to members of society.

IMPORTANT: Criminal liability for this crime begins at the age of 14 years.

In order to avoid antisocial behavior, the court provides for his isolation from society for a proportionate period.

STATEMENT

in accordance with Art. Art. 140, 141, 144, 145

about the crime -

intentional infliction of harm to health of moderate severity

(Article 112 of the Criminal Code of the Russian Federation)

In the evening of 00.00.201_, at approximately ___ o'clock. __ min. I was in the cafe “_____” at the address:_________________ with work colleagues ______________________ (full name), _______________ (full name). At the same time, _________________ (full name) came into the cafe with whom we had previously had a conflict situation, since his ex-wife currently lives with me. ___________________ (full name), having entered with a friend, _____________________ (full name) sat down at the next table, and began to insult me, offering to go outside and sort it out “like a man.” I ignored his provocations, after which he approached the table where I was sitting, grabbed me by the shirt and hit me in the face at least twice in the nose area and at least three times in the jaw area, then continued to beat me, striking me in the solar plexus area , belly. ___________________________ (full name) was a professional boxer in the past, and I could not resist him. The pain experienced when striking was sharp, throbbing and did not go away for a long time. As a result of the beating, I have abrasions and bruises all over my body, my jaw and nasal septum are broken.

During the period from _____ to _____, I underwent inpatient treatment at the ____________ hospital in ___________.

In connection with the above and guided by Art. Art. 140, 141 Code of Criminal Procedure of the Russian Federation,

ASK:

1. In accordance with Part 1 of Art. 144 Code of Criminal Procedure of the Russian Federation, sub. 2 clause 5, section II of the Standard Regulations on the unified procedure for organizing the reception of registration and verification of reports of crimes (hereinafter referred to as the Standard Regulations), approved by the Order of the Prosecutor General's Office of the Russian Federation, the Ministry of Internal Affairs of Russia, the Ministry of Emergency Situations of Russia, the Ministry of Justice of Russia, the FSB of Russia, the Ministry of Economic Development of Russia, the Federal Drug Control Service Russia dated December 29, 2005 No. 39/1070/1021/253/780/353/399, accept this statement.

2. In accordance with Part 4 of Art. 144 of the Code of Criminal Procedure of the Russian Federation, paragraphs 12, 14 of the Model Regulations, issue to the applicant, against signature on the spine of the notification, a document (notification coupon) about the acceptance of the report of a crime, indicating information about the person who accepted it, as well as the date and time of its acceptance (appendix to Standard provision).

3. In accordance with paragraphs. 16, 24 of the Model Regulations, register this application in the message registration book with the obligatory indication of all the information required in accordance with clause 23 of the Model Regulations.

4. In accordance with Part 1 of Art. 144 of the Code of Criminal Procedure of the Russian Federation, Section IV of the Model Provision, check this statement of crime and accept it, in accordance with Part 4 of Art. 7 of the Code of Criminal Procedure of the Russian Federation, a legal, justified and reasoned decision, no later than 3 days from the receipt of this application. Inform the applicant of the decision in writing.

5. In accordance with clause 3, part 1, art. 145 of the Code of Criminal Procedure of the Russian Federation, clause 31 of the Model Provision, if it is established that this application, taking into account territoriality, is subject to transfer to another body of jurisdiction, issue the appropriate Resolution and hand over a copy of this Resolution to the applicant, and also, in accordance with Part 3 Art. 145, take measures to preserve traces of the crime.

6. In accordance with clause 1, part 1, art. 145, art. 146 of the Code of Criminal Procedure of the Russian Federation, initiate a criminal case against __________________ (full name) for committing a crime under Art. 112 of the Criminal Code of the Russian Federation, issue an appropriate resolution to initiate a criminal case, a copy of which is handed over to the applicant.

7. If a criminal case is initiated, in accordance with clause 1, part 1, art. 145, art. 146 of the Code of Criminal Procedure of the Russian Federation, attach this statement to the case materials.

8. In accordance with Art. 42 of the Code of Criminal Procedure of the Russian Federation to recognize me as a victim in a criminal case, and to issue an appropriate resolution.

9. In case of refusal to initiate a criminal case based on this application, in accordance with paragraph 2 of part 1 of Art. 145, art. 148 of the Code of Criminal Procedure of the Russian Federation, notify me about this in writing, issue a corresponding Resolution, hand over a copy of it to the applicant, and also familiarize me with the inspection materials.

"___" _____________ 200__

_____________________________________

signature (full name)

On criminal liability for knowingly false denunciation of the commission of a crime under Art. 306 of the Criminal Code of the Russian Federation warned

_____________________________________

signature

Do I need to call the police?

According to life safety conditions, in order to minimize the risk of death, a police patrol must be called at the first opportunity. The sooner the police arrive when there is a security threat, the less damage to health will be caused.

The arriving police will be able to prevent the beating instantly. And the victim will be given first aid and an ambulance with a qualified team of specialists will be called. Subsequently, the investigation of the crime will be carried out by the police, and if necessary, the offender will be arrested. If the police squad was not called, and the victim of the beating turned for help to a medical institution or trauma center, the doctors of the medical institution submit a report of beatings to the police , based on the victim’s request. It also provides for an investigative procedure, followed by transfer of the case to court.

When applying to the court on your own, you must provide the personal information of the perpetrator. You should contact the district court at the place of residence of the perpetrator or at the place of the incident.

Be sure to read the article about what removing beatings is and how to remove them correctly(!). It is also important to know:

• When should this be done?
• What evidence other than a medical report can be used? Details here.
• And what to do if you remove the beatings a few days after they were inflicted.