Criminal Code on causing grievous bodily harm by negligence

Criminal Code of the Russian Federation in the latest edition:

Article 118 of the Criminal Code of the Russian Federation. Causing grievous bodily harm through negligence

1. Causing grievous bodily harm through negligence -

shall be punishable by a fine in the amount of up to eighty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to six months, or by compulsory labor for a term of up to four hundred eighty hours, or by corrective labor for a term of up to two years, or by restriction of liberty for a term of up to three years. , or arrest for up to six months.

2. The same act, committed as a result of improper performance by a person of his professional duties, -

is punishable by restriction of freedom for a term of up to four years, or forced labor for a term of up to one year with deprivation of the right to occupy certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to one year with deprivation of the right to occupy certain positions or engage in certain activities for a period of up to three years or without it.

3. Lost power. — Federal Law of December 8, 2003 N 162-FZ.

4. Lost power. — Federal Law of December 8, 2003 N 162-FZ.

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Comments on Article 118 of the Criminal Code of the Russian Federation

An assault is directed against human health and is formulated as a material crime, when the action or inaction of the perpetrator causes serious harm to the health of the victim.

The object of the crime provided for in Art. 118 of the Criminal Code of the Russian Federation is human health.

The objective side of the crime is expressed in the act in the form of action or inaction, consisting of a violation of the rules of household or professional precautions, consequences in the form of serious harm to the health of the victim and the causal connection between them.

For the concept and signs of serious harm to health, see the commentary to Art. 111 of the Criminal Code of the Russian Federation.

The subjective side is characterized by a careless form of guilt in the form of frivolity or negligence. The perpetrator, when committing an act, foresees the possibility of causing serious harm to health, but arrogantly hopes to prevent it (if he is frivolous), or does not foresee the possibility of causing such harm, although with due care and forethought he should and could have foreseen it.

Causing moderate or minor harm to health through negligence does not entail criminal liability.

The subject of the crime provided for in Part 1 of Art. 118 of the Criminal Code of the Russian Federation, general - a sane individual who has reached the age of sixteen.

The subject of the crime provided for in Part 2 of Art. 118 of the Criminal Code of the Russian Federation, special . In addition to the general requirements for the subject, it is also required that the person, during the commission of a crime, fulfill his professional duties, between the improper performance of which there is a cause-and-effect relationship.

Due to the careless nature of the crime as part of the crime provided for in Art. 118 of the Criminal Code of the Russian Federation, complicity in it is impossible.

The law recognizes the infliction of grievous bodily harm due to improper performance by the subject of his professional duties as a qualifying

Improper performance by a person of his professional duties (Part 2 of Article 118 of the Criminal Code of the Russian Federation) refers to negligent, negligent, irresponsible or dishonest actions of a person who is obliged to properly perform his official functions and has a real opportunity to properly perform these functions.

What responsibility is provided for this under Article 118 of the Criminal Code of the Russian Federation?

Article 118 of the Criminal Code of the Russian Federation contains several types of liability, which are listed in the table below. Each type of punishment is chosen at the discretion of the court based on the results of the consideration of the criminal case, evidence within it, etc. And this or that punishment is imposed by a court verdict.

Only one measure of responsibility can be selected.

For a special entity, another qualification from Part 2 of Article 118 of the Criminal Code of the Russian Federation is applied.

Reference! When causing harm of moderate or mild severity, no criminal offense is formed; liability for such acts is provided for by norms from other branches of law (civil, administrative).

Careless infliction of grievous bodily harm as an element of the objective side of another crime

Careless infliction of grievous bodily harm may be an element of the objective side of other crimes. In some compositions, causing grievous harm to health through negligence is a constituent consequence mentioned in the main composition , for example:

• Art. 143 of the Criminal Code of the Russian Federation - violation of labor protection requirements committed by a person who is entrusted with the obligation to comply with them, if this resulted in the infliction of serious harm to human health through negligence;
• Art. 215.1 of the Criminal Code of the Russian Federation - illegal termination or restriction of the supply of electrical energy to consumers or disconnection of them from other sources of life support, committed by an official, as well as a person performing managerial functions in a commercial or other organization, if this resulted through negligence in causing major damage, serious harm to health or other serious consequences;
• Art. 216 of the Criminal Code of the Russian Federation - violation of safety rules when carrying out construction or other work, if this entailed, through negligence, the infliction of serious harm to human health or major damage;
• Art. 217.1 of the Criminal Code of the Russian Federation - violation of the requirements for ensuring the safety and anti-terrorism protection of fuel and energy complex facilities, if this act negligently resulted in the infliction of serious harm to human health or the infliction of major damage;
• Art. 218 of the Criminal Code of the Russian Federation - violation of the rules for accounting, storage, transportation and use of explosives, flammable substances and pyrotechnic products, as well as the illegal transfer of these substances by mail or luggage, if these acts negligently resulted in the infliction of serious harm to health or the death of a person;
• Art. 219 of the Criminal Code of the Russian Federation - violation of fire safety requirements, committed by a person who was responsible for their compliance, if this resulted in negligence causing serious harm to human health;
• Art. 264 of the Criminal Code of the Russian Federation - violation by a person driving a car, tram or other mechanical vehicle of the rules of the road or the operation of vehicles, resulting in negligence in causing serious harm to human health;
• Art. 266 of the Criminal Code of the Russian Federation - poor-quality repairs of vehicles, means of communication, signaling or communication means or other transport equipment, as well as the release into operation of technically faulty vehicles by a person responsible for the technical condition of vehicles, if these acts negligently resulted in the infliction of serious harm to human health ;
• etc.

In other elements of the crime, causing grievous bodily harm through negligence is a qualifying or especially qualifying feature , for example:

• Art. 127.1 of the Criminal Code of the Russian Federation - purchase and sale of a person, other transactions in relation to a person, as well as recruitment, transportation, transfer, concealment or receipt committed for the purpose of his exploitation, resulting through negligence in death, causing grave harm to the health of the victim or other grave consequences;
• Art. 127.2 of the Criminal Code of the Russian Federation - the use of the labor of a person in respect of whom the powers inherent in the right of ownership are exercised, in the event that the person, for reasons beyond his control, cannot refuse to perform work (services), which through negligence resulted in death, causing serious harm to the health of the victim or other serious consequences;
• Art. 131 of the Criminal Code of the Russian Federation - rape, resulting through negligence in causing grievous harm to the health of the victim;
• Art. 132 of the Criminal Code of the Russian Federation - sodomy, lesbianism or other actions of a sexual nature using violence or the threat of its use to the victim (victim) or to other persons, or taking advantage of the helpless state of the victim (victim), resulting through negligence in causing grievous harm to the health of the victim (victim) ;
• Art. 215 of the Criminal Code of the Russian Federation - violation of safety rules during the placement, design, construction and operation of nuclear energy facilities, resulting in negligence in causing serious harm to health or death of a person;
• Art. 217.2 of the Criminal Code of the Russian Federation - issuing by an expert in the field of industrial safety a knowingly false conclusion of an industrial safety examination, if this act negligently resulted in the infliction of serious harm to health or the death of a person;
• Art. 234.1 of the Criminal Code of the Russian Federation - illegal production, manufacturing, processing, storage, transportation, shipment, acquisition, import into the territory of the Russian Federation, export from the territory of the Russian Federation for the purpose of sale, as well as illegal sale of new potentially dangerous psychoactive substances, the circulation of which is prohibited in the Russian Federation if these acts negligently resulted in the infliction of serious harm to human health;
• etc.

What is unintentional infliction of grievous bodily harm?

Unintentional infliction of grievous bodily harm is the infliction of serious damage to the human body in the absence of intent on the part of the perpetrator. That is, the criminal, committing illegal actions against the victim, did not want negative consequences for him, nevertheless they occurred. And this is the basis for prosecution under a specific article of the Criminal Code of the Russian Federation.

The concept of grave harm is enshrined in the Criminal Code of the Russian Federation, in Article 118.

Note! In addition, certain regulation of this is also given to the Civil Code of the Russian Federation and the Code of Civil Procedure of the Russian Federation, which contain rules for the protection of certain rights of citizens (for example, compensation for moral harm and property damage in the course of a criminal case).

Severe harm is characterized by causing such damage to the human body that the following consequences are possible:

• hearing, vision, speech impairment;
• deprivation of any organ or termination of its functioning;
• severe mental disorder;
• termination of pregnancy at any stage;
• facial disfigurement that cannot be restored;
• drug addiction or substance abuse;
• complete disability;
• permanent disability of more than 1/3.

In other words, such harm is necessarily accompanied by a significant deterioration in the general health of the victim, his illness or serious damage to some vital organ.

Regarding the unintentionality of crimes, there is Article 26 of the Criminal Code of the Russian Federation , which talks about forms of negligence. This is what is called lack of intent in the language of criminal law. So there are two types of negligence:

1. frivolity;
2. negligence.

In the first case, the culprit foresaw that damage would be caused by his actions, but hoped that they would be able to avoid them (despite the fact that there were no signs of this).

To understand the difference, you must know what causing grievous bodily harm by negligence is.

An act is considered committed through negligence when the citizen did not even realize that his actions would lead to harm to health, although he should have been careful and prevented damage. Crimes are usually committed in this form in certain professions (for example, doctors).

Read more about the signs of serious harm, as well as their criteria.

Distinguishing the infliction of grievous bodily harm by negligence from other types of harm

Infliction of grievous bodily harm by negligence should be distinguished from intentional infliction of bodily harm . The distinction is made based on the factual circumstances of the case and the signs of guilt. The crime provided for in Article 118 of the Criminal Code of the Russian Federation is characterized by the absence of both direct and indirect intent to intentionally cause grievous harm to the health of the victim. As a rule, the act is qualified under Art. 118 of the Criminal Code of the Russian Federation in the case when the consequences occur not as a result of direct impact on the victim, but due to the further development of a cause-and-effect relationship. For example, receiving serious injuries when falling from a push with your hands.

On the other hand, causing serious harm to health through negligence must be distinguished from innocent causing harm to health , i.e. case (incident). Innocent infliction of grievous bodily harm occurs if the person did not foresee the possibility of such harm and, due to the circumstances of the case, should not or could not have foreseen it, and also if the person, although he foresaw the possibility of its occurrence, could not prevent it due to the inadequacy of his psychophysiological qualities to the requirements of extreme conditions or neuropsychic overload (Article 28 of the Criminal Code of the Russian Federation).

Careless infliction of grievous bodily harm, resulting through negligence in the death of the victim, is qualified as causing death by negligence (Article 109 of the Criminal Code of the Russian Federation). If there is no careless guilt in relation to death, the act is qualified under Part 1 or 2 of Art. 118 of the Criminal Code of the Russian Federation, despite the fatal outcome.

Related compounds

At the time of qualification, it is important to distinguish between causing harm to health by negligence under the Criminal Code of the Russian Federation from related offenses.

First of all, this applies to norm 111. The fundamentally important difference between the compositions is the presence of intent. During the investigation, it is necessary to determine whether the accused wanted negative consequences to occur.

During a city festival, a citizen had fun throwing firecrackers at the feet of passers-by. A man passing by did not notice the smoldering fuse on the ground and stepped on the shell during the explosion. This led to amputation of the leg at the knee. The culprit immediately confessed to the violation, helped the investigation and claimed that he did not want to harm anyone.

The prosecutor was able to prove premeditation based on several facts:

1. There was enmity between the accused and the victim.
2. The usual pyrotechnic composition of the firecracker was replaced with an explosive substance, the remains of which were found at the home of the culprit.
3. Street surveillance cameras recorded that the criminal had been following the victim for several days, trying to find out his plans for the holiday.

In legal practice, if there are similar general and specialized norms, qualification is carried out according to a special one, which provides for a greater number of characteristics in comparison with the general one.

If the composition of the norm of Art. 118 of the Criminal Code of the Russian Federation is a component of another crime; qualification is carried out without taking into account 118.

Negligent grave damage must be specified in the disposition of the norm, while in addition there must be other signs relating, for example, to the offender himself or the object.

If an accidental murder occurs, the object will not be the person’s health, but his life. Accidental death is considered by norm 109 of the Criminal Code of the Russian Federation. The remaining circumstances of the crimes are the same.

The distinction by subject is made on the basis of additional characteristics of the person. For example, it was not an ordinary citizen who was inactive, but a doctor at work. Article 124 of the Criminal Code of the Russian Federation establishes punishment for a person who was supposed to provide assistance on the basis of law or special law.

A separate offense is the following:

• labor protection requirements;
• safety rules at nuclear facilities;
• fire safety requirements;
• transport safety rules.

This list is incomplete.

Each individual case is characterized by additional circumstances specified in the norm. Only in their absence will the offense be qualified under Art. 118. A change in qualifications may occur during a court hearing.

For example, a victim was injured due to a violation of fire safety requirements. But the perpetrator was not properly acquainted with them. This means that the obligation to comply was not assigned. Qualification must be made according to the general norm.

It must be remembered that the severity of the harm remains important. For example, light and moderate damage as a result of an accident is punishable in accordance with the norms of the Code of Administrative Offenses.