Article 115 of the Criminal Code of the Russian Federation - causing harm to health of mild severity. Lawyer's comments

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Many types of illegal actions falling under the jurisdiction of the Criminal Code of the Russian Federation involve violence, which poses a threat to human health. Such actions are socially dangerous, since they carry an element of encroachment on the most fundamental value of any person, which constitutes his well-being. But the health of any person is not only his value, but also a public property. Therefore, society, represented by the state, protecting the rights of citizens and its property, establishes liability for causing mild bodily harm. Punishment for such acts is regulated by Article of the Criminal Code No. 115. Every citizen should know his rights and the procedure to follow if he has been slightly injured in order to bring the perpetrator to justice.

What is considered minor bodily injury?

The answer to the question of what consequences of an offense can be considered minor bodily harm is clearly given by Article 115 of the Criminal Code of Russia. According to it, mild damage is characterized by:

1. short-term health disorder;
2. persistent minor loss of ability to work for up to 21 days.

At the same time, beatings or violent acts causing pain, if they did not lead to health problems and loss of ability to work, do not fall under this article. For them, another article 116 is highlighted in the code. In order to qualify a case as causing slight bodily harm, the following may occur:

1. fractures of the limbs with the application of plaster or ribs;
2. concussions;
3. wounds requiring stitches;
4. fractures of the nose or facial bones;
5. disruption of internal organs due to criminal exposure to chemicals;
6. disturbances in the functioning of the cardiovascular or nervous system as a result of psychological influence.

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In addition, only intentional infliction of bodily harm is subject to criminal liability. If such a fact occurred due to negligence, this can only become the subject of proceedings within the framework of the civil code.

Punishment for causing minor injuries

In order to be able to apply the measures provided for by the criminal code to the perpetrator, the corpus delicti of the crime must be proven, that is, a combination of objective and subjective characteristics characterizing the offense. It must be proven that the resulting health disorders were the result of the criminal actions of the accused.

Causing minor harm to health for hooligan reasons

Hooligan motives mean insults and assault, committed with little or no reason, against another person. Such an act is criminally punishable (clause 2 of Article 115 of the Criminal Code of the Russian Federation).

The trial begins with finding out who was the initiator of the conflict and whether he provoked the quarrel on purpose to create a reason for causing injury. If during the proceedings it is established that the initiator was the victim, then the actions of the person who inflicted the beatings will not be regarded as hooliganism.

Case from practice. Skvortsov I., returning home, in a state of alcoholic intoxication, started a conflict with Vorobyov A. The reason for the conflict was the paraphernalia of another football team on Vorobyov. As a result, Skvortsov punched Vorobyov three times in the head and chest area. When opponents are unable to resolve the conflict on their own, then, at the request of the victim, a case is opened under Article 115 of the Criminal Code of the Russian Federation.

Objective and subjective signs of the committed act

Signs of an objective property include the very fact of physical injury or temporary loss of ability to work, evidence of which can only be a medical examination of the victim.

Subjective factors reflect the personality of the attacker and the circumstances of his offense. These include:

1. motives for the crime;
2. the relationship between the victim and the accused, until the moment of their conflict;
3. the goals that the suspect wanted to achieve by committing criminal acts;
4. subjective assessment by the accused of the unlawful acts he has committed;
5. psychological characteristics of the accused.

Based on these signs, the court makes a decision on the social danger of the committed acts and selects a preventive measure for the guilty party.

Problems of differentiation from other elements of crime

The main problem is to distinguish between intentional harm and unintentional harm. This is decided by the provision of evidence from the applicant and the accused. In addition, there are the following options:

• the absence of general signs of the subjective side, object, objective side, but the presence of such applies to the subject. Subject is defined as a person who has reached the age of 16.
  Basically, from the age of 16, responsibility for most criminal offenses begins, with the exception of particularly cruel ones.

  For example, murder or the infliction of intentional bodily harm of moderate or severe degree, so this sign will coincide in many cases, accordingly, delimitation will most likely not occur based on such signs.

• Presence of most common features. For a complete explanation, let’s compare two articles: 115 of the Criminal Code (inflicting minor injuries intentionally) and 112 of the Criminal Code (inflicting moderate injuries intentionally).
  Almost everything in them coincides, the only exception is the degree of damage caused. And accordingly, various medical signs, such as the duration of treatment, loss of ability to work, etc. Such similarity is usually called adjacent; delimitation often causes difficulties, since the Criminal Code of the Russian Federation contains many related crimes.
• The presence of minimal common features. Let's compare several articles: 113 of the Criminal Code of the Russian Federation (infliction of moderate harm to health in a state of passion) and 115 (intentional infliction of minor harm).
  Their main common feature is health disorder. There are much more differences: the first case is carried out in a state of passion, the second intentionally, the degree of damage is different, the age at which responsibility begins, and so on. In this case, it is quite easy to distinguish it from other crimes.

Examples

Case 1

Citizen Melnikov K.L. I was driving along the main road in my car. Another car, the driver of which did not consider it necessary to let Melnikov through, flies into the vehicle, as a result - an accident occurs.

K.L. Melnikov was not injured, as he was wearing a seat belt, but the culprit of the traffic accident received two minor bruises and a dislocation. The injuries were classified as minor harm to health.

If his guilt is not refuted, he may face a fine of up to 40 thousand rubles, or arrest of up to 4 months, or correctional labor of up to a year, or community service of up to 480 hours, or a fine of three salaries.

Case 2

Citizen A.P. Konkova was in the office, at her workplace. Leaving her office, she completely accidentally “knocked” the visitor’s door, since he was walking past the doorway just at the very moment when Konkova came out.

The incident was classified as minor injuries, revealing a hematoma on the victim's forehead. If there are security cameras in the office and there was at least one witness during the collision, then she will not bear any responsibility, the maximum that she faces is payment for financial and moral damage.

If she does not prove her innocence, then she faces the same thing as in the case of K.L. Melnikov: a fine of up to 40 thousand rubles, or arrest of up to 4 months, or correctional labor of up to a year, or community service of up to 480 hours, or a fine of three salaries.

What is the liability provided for under Article 115 of the Criminal Code?

If the intentional infliction of minor harm is committed without aggravating circumstances, the perpetrator faces the following retribution:

1. fine up to 40,000 rubles. (three months' income of the offender);
2. compulsory or corrective labor for 480 hours, or one year, respectively;
3. arrest for 4 months.

If there are aggravating circumstances, a person convicted under this article may receive:

1. 460 hours of compulsory labor or a year of correctional labor;
2. restriction or imprisonment for two years, or forced labor for the same period;
3. arrest for 6 months.

The following circumstances are considered aggravating:

1. hooligan urges;
2. any kind of hatred and hostility for racial, political or other reasons;
3. use of a weapon in the commission of a crime.

Causing minor harm to health in a state of passion

Injuries inflicted in a state of passion are the actions of a person against a person, in a state when he does not give an account of his actions and is completely in the grip of emotions, which means he does not act intentionally. There is no criminal liability for this act. In order to prove that the actions were not planned, there is a forensic examination. You can receive a referral for such a check at the place where the plaintiff filed the application. It's better to do this as early as possible. You also need to provide witnesses, if there were any.

Case from practice. Nosov D. - the husband of Nosova A. saw through the window how his wife was talking with a neighbor, out of jealousy he became not himself. Punched his neighbor five times in the face and body. A neighbor wrote a statement against him. Nosov D., during the interrogation of the policeman, could not answer anything intelligible, because he did not remember anything after looking out the window. Nosov D., according to the psychiatrist, was in a state of passion, which does not qualify as a criminal offense. As a result, the neighbors managed to reach an agreement, Nosov compensated the neighbor for moral damages, and he withdrew the statement from the police.

What to do if you suffer minor injuries

Whether the inflicted bodily injury can be classified as minor is decided only on the basis of a medical report, which is issued only upon a referral from law enforcement agencies. The procedure in such a situation should be as follows:

1. calling a police patrol to the scene of the incident or contacting the local police department;
2. filing a statement of violation and receiving a referral to a medical examination;
3. passing a medical examination;
4. waiting for a summons to the court where the case will be heard.

It must be taken into account that the party at fault for causing minor injuries may file a counterclaim, which has often happened in judicial practice. Therefore, it is best to contact an experienced lawyer for legally competent support of the case in court. After all, in cases related to this offense, a free government lawyer is not provided.

In addition, the participation of an experienced and knowledgeable lawyer in the case will help to demand financial compensation from the perpetrator for the moral suffering of the victim. The lawyer will tell you how much you can realistically request for compensation for moral damage, because the court most often never fully satisfies the requests of the injured party.

The victim has the right to suspend legal proceedings upon reconciliation of the parties, but only until the court retires to the deliberation room.

Punishing the perpetrators of such a crime is a rather complex process in which the court always seeks not to protect the interests of the injured party, but to establish the truth. Therefore, the victim must evaluate the available evidence in advance.

Author of the article

Dmitry Leonov

Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.

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Causing slight harm to health through negligence

First of all, such an act was not planned. Occurred when the offender failed to foresee the consequences of his actions due to lack of forethought or due to prevailing circumstances. Damage to health through negligence can be caused to a person, for example, in the need of self-defense. There is no criminal article for this act in our country, but this does not mean that you can harm people with impunity. An adult must foresee the consequences of his actions. Lack of intent must be proven, for example, by eyewitness testimony.

In order for the offender to pay the bills, go to the emergency room for a certificate, which contains:

1. Characteristics of the type of injury.
2. Brief description of the situation.
3. Recording the time: when they asked for help and when they were injured.
4. 2 seals: doctors and metz. center.

The next action will be a lawsuit. It should reflect your demands (for example, to initiate criminal proceedings or pay damages). It’s good if you take additional photographs if the injury is external. Once the claim is ready, send it to the magistrate.

There was even such a case in practice. A girl came to a beauty salon for an eyelash extension procedure. As a result of the procedure, she received a 1st degree chemical burn to the eye, according to the conclusion of an ophthalmologist. Such an injury is considered to cause minor harm to health, in this case - due to negligence. If a girl sues the beauty salon, she will be reimbursed for the cost of the procedure, paid for treatment, lost wages and the cost of legal services.