Causing harm to health of moderate severity - liability and punishment under Art. 112, 113, 114 of the Criminal Code of the Russian Federation, as well as compensation for moral damage to health

Crimes aimed at the life and health of people always stand out. Thus, the law has provisions punishing serious, moderate or minor harm to health, as well as beatings. In addition, the degree of responsibility is influenced by the situation in which a particular act occurred.

One way or another, a criminal lawyer can understand the situation when harm to health is of moderate severity. In criminal law, physical violence against a person is the subject of a number of articles. Along with murder and other acts of force, causing bodily harm to a citizen is also punishable.

This crime also has its own gradation depending on the degree of severity and the presence of intent on the part of the person involved. In this article, we will look at moderately severe bodily injuries.

Characteristics of causing moderate harm to health

Unlike serious injuries, moderate damage does not pose a danger to human life.

However, illegal activities can cause long-term health problems (3 weeks or longer). In addition, the ability to work will suffer by at least 1/3.

The extent of liability for damage to health may be affected by:

• number of victims;
• occupation of the victim;
• hooliganism;
• use of weapons and similar items (including dummy).

Then the punishment for intentionally causing moderate harm to health will be more severe.

Expert commentary

Vladimir Roslyakov

Lawyer. More than 12 years of experience.

Aggravating circumstances include group commission of a crime, as well as political or other social intolerance.

Medical criteria

The medical criteria established by the above documents contain a complete list of certain human conditions and damage to the body that can threaten human life based on nosological forms. They have a clear definition of diseases as independent units, which is made based on clinical manifestations.

During a diagnostic examination, a medical expert establishes the actual presence of a nosological form included in the list of injuries contained in the above-mentioned legislative documents. Thus, he can identify and compare signs characterizing the degree of severity of the damage to the victim’s health.

During the medical examination, the following requirements must be met:

1. To determine the level of damage caused, it will be sufficient to establish at least one qualifying feature. If a number of similar signs are established, a conclusion about the degree of severity will be made based on the most severe one.
2. If a person received injuries in different time periods, then their assessments are carried out separately from each other. When the damage caused complements each other, creating more severe consequences, they are considered together.
3. When determining the degree of harm caused, the fact that the person was saved from death as a result of timely medical care is not accepted.

The medical criteria in paragraph No. 27 establish the following situations when it is not necessary to establish the level of severity of the injury to the victim’s health. Among them:

• It is not possible to establish, through medical examination and analysis of the submitted documents, the essence of the harm caused.
• The damage caused does not pose any threat to human life and at the moment it is not clear what the result of the damage received will be.
• The citizen has officially refused to undergo a medical examination or there is no possibility of taking him to this procedure.
• Available medical documentation does not provide complete information about the level of severity for health.
• Complete lack of medical documents.

Severe harm

If serious harm to health is caused, the criteria for determining the degree of damage caused have some features. When a medical examination identifies at least one of the four signs listed below, the category of harm to health will be assigned to the form in question:

• The harm caused directly threatens human life.
• Possible consequences of the damage caused may pose a health hazard in the future.
• The harm caused may not pose a clear health hazard, but the consequences themselves are severe.
• The resulting damage caused loss of general or professional ability to work.

Damage caused to health, which can directly threaten human life, is divided into two groups.

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1st group:

• Severe head injuries.
• Damage or fracture of the spine.
• Open wounds and fractures.
• Damage to internal organs.

Group 2:

This category includes injuries that cause disorders of the body that the victim can only cope with with medical help. This group includes:

• State of shock.
• Coma.
• Loss of a large amount of blood.
• Acute forms of renal and liver failure.
• Other conditions that can cause death.

Injuries that do not cause death, but cause serious health consequences include:

• Loss of vision, hearing, speech.
• Not normal functioning of internal organs.
• As a result of physical impact, the victim has a persistent mental disorder.
• Terminated pregnancy, regardless of duration.
• Disfigurements caused to the victim's body that will not go away over time.

Another criterion that allows you to classify damage as severe harm to health is a loss of working capacity of more than 30%.

Average level of harm

For average harm to health, the determination criteria are expressed by the conditions of causing damage that does not pose a direct danger to human life and will not cause serious consequences:

• Impairment of the victim’s health for recovery, which requires more than 21 days.
• The consequences of the damage caused are expressed in 10-30% loss of performance. Determined on the basis of a special table, which is an appendix to the approved medical criteria. An example of such damage could be a deterioration in vision of up to 0.2.

Minor harm

For minor harm to health, the criteria for its establishment are divided into two categories:

• The victim's health problems were completely eliminated in less than 21 days.
• Persistent loss of working capacity of the victim does not exceed 10%.

The following are not taken into account as harmful to health:

• abrasions;
• Bruises;
• Damage to the skin;
• Other minor damage;

if they did not entail health problems or cause loss of performance.

Liability for intentional infliction of harm to health of moderate severity

Mild harm to health, what is the punishment? In the Criminal Code of the Russian Federation, Article 112 for causing harm to health of moderate severity establishes various sanctions.

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These are considered:

1. Restriction of freedom.
2. Forced labor.
3. Arrest.
4. Imprisonment for up to three years.

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 moderate damage to health is committed with the presence of aggravating circumstances (see Part 2), then the perpetrator faces a five-year imprisonment.

Therefore, it is important to correctly determine the nature of the criminal’s actions. The intervention of a forensic medical examination can help the victim with this.

During the examination, the victim is interviewed and various studies are carried out to determine the nature of the injuries. Thanks to the results of the examination, it is possible to establish the nature of the injuries and the degree of disability.

The legislative framework

The result of causing physical harm to a person, the purpose of which is the health of the victim, is a disruption of the performance of the body as a whole or its internal organs.

The harm caused to a person is determined based on the level of recorded harm to health. A doctor can correctly determine the degree of severity after conducting a forensic examination. In their work, specialists are guided by the current articles of the Criminal Code (No. 111, 112, 115). Based on the current regulations, the following classification of harm to health has been established by severity:

1. Easy.
2. Average.
3. With grave consequences.

Even if the damage caused has obvious signs, the severity can only be officially recognized after a medical examination. The need to carry out such a procedure is established by Article 196 of the Criminal Procedure Code. The Criminal Code does not specify the concept of each level of harm caused; it contains only a general definition.

The damage caused to human health is disclosed and explained in the following regulatory documents of a medical nature:

• “Rules for establishing the level of severity of harm caused to human health” approved by the Government of the Russian Federation in 2007.
• The criteria for determining the degree of harm caused, which were agreed upon by the Ministry of Health and Social Development in 2009, in accordance with Order 194n.

Punishment for causing moderate harm to health: features

The crime we are considering is the subject of several articles in criminal law. Separate norms include causing moderate harm to health in a state of passion (Article 113 of the Criminal Code of the Russian Federation) or due to unacceptable self-defense (Article 114 of the Criminal Code of the Russian Federation).

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.

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.

Taking into account other mitigating circumstances, the offender’s imprisonment may be replaced by correctional labor. In any case, the future fate of the person will be decided by the court, based on all the materials of the case.

Who conducts the examination?

The severity of the victim is determined by forensic medical examination. That is, a forensic medical expert in a state medical institution. There are two types of forensic examination: living persons and examination of a corpse.

Since we are talking about medium damage, the medical examination will be of living persons.

If you wish, you can use specialized private centers, but here you need to be prepared for serious expenses.

There are several types of examination:

1. comprehensive, which involves examining specialists from various industries for further consultation in order to make an accurate verdict;
2. commission, which involves examining specialists in one industry in order to accurately determine the patient’s condition.

Typical cases

There are several common cases where misconduct can be classified as moderate personal injury.

These are street fights, domestic conflicts, when even edged weapons can be used.

Medium bodily injuries are also common in many road accidents. However, we will present other cases below.

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Moderate damage to health in a state of passion

This crime is characterized by the fact that damage to the victim is caused due to the psychological state of the potential offender.

For example, a person decided to commit a crime due to prolonged physical or psychological abuse of him.

If the state of passion is proven by the investigation and in court, then the maximum sentence that can be faced is two years in prison.

However, more lenient sentences are often imposed, involving correctional or forced labor.

Average harm to health when self-defense is exceeded

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.

In the case of moderate damage to health, consequences occur if the rules of self-defense were violated during the detention of a person directly involved in the crime.

In the situation under consideration, for exceeding self-defense, Art. 114 of the Criminal Code of the Russian Federation establishes the same punishment as for similar actions resulting from passion.

Causing moderate harm to health in an accident

In this case, causing damage is punishable administratively.

The Code of Administrative Offenses of the Russian Federation has a separate article (12.24), which establishes liability both in the form of a fine ranging from 10 to 25 thousand rubles, and in the form of deprivation of rights for a period of one and a half to two years.

It goes without saying that the culprit will be obliged to compensate all damage to the injured party. Read about how to do this in the article: Damage to health in an accident.

Application of punishment

The subject of crimes under Articles 112, 113, 114 of the Criminal Code, taking into account the value of such an object as human health, the legislator determined a person who has reached the age of fourteen.

Below in the table we will consider possible sanctions for all offenses of average harm to health in the Criminal Code.

It should be noted that in Articles 113 and 114, in case of passion and when the measures to detain the person who committed the crime are exceeded, liability arises in the event of causing both moderate and severe harm to health, and these offenses are also careless and this is their difference from Article 112. There is also no provision for a fine under the articles.

It is clearly seen that the legislator has determined more severe penalties for composition with an intentional form of guilt - under Article 112.

Example 1. Citizen S. and citizen E. had a fight in a restaurant after drinking alcohol over old grievances. The swearing gradually escalated into a fight and S. struck E’s body several times with a chair.

As a result, E. was taken to the hospital with head injuries and 3 broken ribs. When E. was examined by a forensic expert at the direction of the police, the report indicated injuries corresponding to average harm to health.

A criminal case has been initiated against S. under Article 112 of the Criminal Code of the Russian Federation for intentionally causing harm to health of moderate severity; he faces imprisonment.

Example 2. Citizen E. was a despot in the family and drank constantly. When he drank, he beat his wife and son and abused them in every possible way.

Once again, the wife, unable to bear it, inflicted several blows on E’s head and body with a garden rake. He suffered moderate harm to his health, as his hearing was temporarily lost.

Considering that E.’s wife caused him bodily harm in a state of passion, a criminal case was initiated under Article 113 of the Criminal Code.

Any harm caused to a person during the commission of a crime may be subject to compensation in criminal proceedings.

Reimbursable:

• Material damage expressed as:
• in the lack of certain lost earnings during the period of restoration of the victim’s ability to work (for example, broken bones of the arms or legs can heal for several months and all this time the person does not earn money);

costs for restoring health, which may include: the purchase of medications, transportation costs for travel to the place of treatment and possible further rehabilitation, hiring a nurse in the hospital, rehabilitation treatment (voucher to a sanatorium), restoration of broken teeth, purchase of dentures, and so on .

Any expenses incurred by the victim for which a fee was paid and which could not be provided free of charge are subject to compensation in the material component.

If you are a victim of a crime, you have suffered harm to your health, and you plan to file a lawsuit in the future for compensation for the damage caused, from the very beginning of restoring your health, try to record all the costs incurred and document them (keep receipts, tickets, travel cards, etc.). d.).

All this will need to be presented in court in the future in order to make the correct decision on compensation for damage in your favor.

Russian legislation does not have a concept or definition of the amount of compensation for damage caused.

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Material damage, as already described above, is compensated within the limits of reasonable, recorded and confirmed expenses.

The court will not decide to pay compensation for meals delivered from an expensive restaurant to the victim who was undergoing treatment, because meals are required in a particular medical hospital.

But the purchase, in addition to the necessary medications, of any vitamin complexes recommended by the doctor as optional, but desirable for a speedy recovery, can be included in the list of reimbursable expenses.

The main thing is accounting, justification and documentary evidence of the expenses incurred.

The amount of compensation for moral damage is calculated from a combination of various factors such as: judicial practice prevailing in the region, the degree and direction of the defendant’s guilt, the motive of his actions, the circumstances of the committed act, the subjective opinion of the judge considering the case and others.

For example, a beating of a victim with whom they drank together in a tavern, and a beating by a group of people causing harm to the health of a bystander, will most likely be assessed differently by the court both in terms of sanctions and in terms of compensation for the same moral damage.

Expert opinion

Dmitry Konstantinovich

Expert of the site "Legal Consultant"

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So how much should you ask for compensation for the victim? Ask for financial compensation according to your calculations and the evidence of these calculations presented by the investigation or by you personally.

And for moral - ask for even more, and the court will decide how much they will already assign for payment.

The procedure is enshrined in Article 44 of the Criminal Procedure Code of the Russian Federation, which states that the victim of a crime can be recognized as a civil plaintiff and demand compensation for damage caused to him by criminal actions.

The procedure for filing a claim can begin from the moment a criminal case is initiated regarding a criminal event for which damages will be compensated. In our case, when initiating cases under Articles 112, 113, 114 of the Criminal Code of the Russian Federation.

In practice, more often than not, everything looks like this: closer to the end of the investigation of a criminal case, the inquiry officer or investigator asks the victim about his intentions to file a claim for compensation for harm and asks to provide supporting documents.

Next, a statement of claim is drawn up and the victim is recognized as a civil plaintiff by a decision of an official.

Declaring your rights to compensation for moral and material damage at the stage of preliminary investigation or inquiry has its undoubted advantages over civil proceedings:

1. The claim is drawn up in a free form, the main thing is a request to be recognized as the plaintiff and compensate for the damage.
2. There is no need to file a claim in court through civil proceedings.
3. No state duty is paid.
4. The person conducting the investigation, if the victim wishes, is obliged to take all measures to prove the claim regarding the nature of the harm and the scope of its compensation. That does not prevent the victim himself or his representative, for example, a lawyer involved in the case, from doing this.
5. In the event of a guilty verdict in a criminal case, the circumstances of the statement of claim are, as a rule, established and considered proven by a court verdict that has entered into force.

The result of actions to recover damages is consideration of the claim in court. Based on the results of the consideration of the criminal case and the claim, the judge makes one of the following decisions:

• On satisfaction of the claim (partially or completely).
• About refusal to satisfy it.
• On determining the amount of compensation in civil proceedings (the claim itself is recognized, but the amount of compensation is subsequently determined based on the civil claim).

If a verdict of acquittal is rendered, the claim may also be permanently rejected, but not always.

A claim can be abandoned at any time from the time it is filed until the end of the judicial investigation.

Claims are often abandoned in connection with certain payments to victims received from the perpetrators, which are carried out by them in order to obtain for themselves the favor of the court and the victims themselves.

Voluntary compensation for harm is a mitigating circumstance enshrined in criminal law.

As has already been discussed, crimes provided for in Articles 112, 113,114 of the Criminal Code belong to the category of medium gravity.

In accordance with Article 78 of the Criminal Code, the statute of limitations for bringing criminal liability for these offenses is 6 years.

This means that a person who has committed one of these crimes cannot be prosecuted after this period has expired.

Anyone can find themselves in situations involving moderate harm to health, both as a victim and as a cause of harm.

You should not refuse competent legal assistance from a criminal lawyer if you find yourself in this situation. Take advantage of the consultation on the site for free. And in the future, if you wish, you can continue cooperation on a paid basis.

The application of punishment is possible only after studying the circumstances of the harm, as well as after confirming the cause-and-effect relationship, that is, that the identified violations are associated with the intentional actions of the offender. Establishing physical injuries is the task of a forensic expert who studies visible injuries, as well as the patient’s medical history, to establish the total harm to the body and its individual systems.

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As a general rule (and legal requirements), bodily injury will include the following categories of violations:

• the presence of visible traces of impact on the human body (beatings, abrasions, bumps, scratches);
• disruption of internal organs;
• pain without visible signs;
• presence of signs of traumatic brain injury (closed traumatic brain injury);
• complete dysfunction of organs and systems.

The specialist’s task is to determine the extent of the damage and its consequences. From this, referring to the instructions of the Ministry of Health, the severity of the disorder is established, and subsequently the qualification of the unlawful act and the type of sanction are determined.

Infliction of moderate or minor bodily harm falls under the category of private prosecution cases. This means that the police are authorized to begin a pre-trial investigation only after receiving a statement from the injured party. Thus, the algorithm for applying punishment to guilty citizens involves the following steps:

1. As soon as possible after the commission of a crime, the victim must contact the territorial police department to write a statement, which is drawn up by the employee on duty in the prescribed form. If the person was sent directly to the hospital, then the policeman comes to the medical center and takes the statement there.
2. Providing the injured citizen with a referral to undergo a forensic medical examination, which must be done as soon as possible, since in the absence of visible injuries, the expert will indicate that it is not possible to establish the severity of the harm.
3. The examination takes up to three weeks, after which the result is transferred to a competent investigator. During this time, police officers carry out activities aimed at finding the offender and establishing the full circumstances of the commission of the unlawful act.
4. After receiving the expert’s results and collecting evidence, the case is correctly classified and the charge against the guilty person is prepared.
5. Transfer of the finished material to the prosecutor, who completes the paperwork by transferring the proceedings to the court. The judge sets a date for the consideration of the criminal case, for which each participant receives a written, official summons.

1. What is the severity of the harm caused to the victim’s health?
2. What are the consequences of bodily injury?
3. Is it possible to qualify the harm caused to health as serious due to the consequences caused by it?
4. What is the percentage of permanent disability?
5. What is the duration of temporary disability?
6. Did the physical injuries cause a life-threatening condition for the victim?

IMPORTANT

The list of suggested questions is not exhaustive. If other questions arise, it is advisable to seek advice from an expert before scheduling an examination.

And if unintentionally

It is quite possible that the person did not want to cause bodily harm to the injured person, including moderate harm.

If the absence of intentions is reliably proven, then criminal liability for unintentional infliction of moderate harm to health can be avoided.

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However, this does not exempt the person involved in the damage from compensating the victim for property damage (including compensation for treatment costs) and moral damage in the event of an accident, if any is claimed.

Compensation

The injured party has every right to compensation for moral and material damage. In this case, material damage incurred as a result of treatment and rehabilitation can be claimed only upon its completion, and not during or before its start. All expenses must be officially confirmed in the form of checks, receipts, extracts from a medical book, etc. It is a little more difficult to determine moral damages. In essence, the court alone determines the reality of the psychological suffering of the victim and the impact of this circumstance on the life of the crime victim. And the amount of compensation will depend on the court’s vision of the situation, as well as on the solvency of the accused.

Determination accuracy

The Ministry of Health issued order 194n. Which contains the most accurate criteria (head wound, vault fracture, etc.) But only for severe harm to health that threatens life. Speaking about average bodily injuries, such exact criteria are not provided there. There are only general ones, which are described above. They determine that damage to health above the lungs has been caused.

What does establishing a state affect?

The responsibility that the perpetrator of the crime will bear and the amount of compensation (physical and moral) depend on how accurately the victim’s condition is determined according to the above criteria.

And also, if the damage is received as a result of an accident, the amount that is paid by insurance.