Causing minor harm to health: how to prosecute under Art. 115 Criminal Code

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In Russian criminal legislation, harm to health is a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental environmental factors.

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Concept and legislative framework

Article 115 of the Criminal Code of the Russian Federation provides for criminal liability for intentional infliction of minor harm to health.
In Art. 115 of the Criminal Code of the Russian Federation defines the concept of “minor harm to health” and provides a reference to the Decree of the Government of the Russian Federation of August 17, 2007 No. 522, which approved the Rules for determining the severity of harm caused to human health. For a more complete understanding of the features of this crime, we will present in a condensed form a few comments from a lawyer to Art. 115:

the subjective side of the crime presupposes the presence of intent, the criminal is aware of the danger of causing minor harm to health, foresees the possibility (inevitability) of consequences as a result of his actions and desires their occurrence;
punishment depends on the circumstances and motives of the crime;
unintentional (careless) infliction of minor harm to health is qualified, depending on the circumstances, as an administrative offense in accordance with the provisions of the Code of Administrative Offenses of the Russian Federation or as a situation subject to resolution through civil proceedings or agreement of the parties.

Moderate bodily injury

Medium harm to human health is the infliction of bodily injuries resulting in temporary loss of ability to work. Unlike serious harm to health, such injuries do not pose a threat of death. However, they are also subject to punishment under Art. 112 of the Criminal Code of the Russian Federation. Examples of causing moderate injuries are disruption of the structure of internal organs, skin burns, and mental disorders. As a result, the person loses his ability to work for up to 3 weeks.

Injury of moderate severity includes:

Forced labor for up to 3 years;
Temporary restriction of freedom for the same period;
Imprisonment for a period of 3 years.

Aggravating circumstances of the crime are usually preliminary conspiracy, hooligan motives, hatred, cruelty of mutilation, as well as the use of knives or firearms. In all cases, the court has the right to sentence the perpetrators to imprisonment for up to 5 years.

Criteria for minor health damage

According to Part 1 of Art. 115 of the Criminal Code of the Russian Federation and clause 4c of the Rules approved by Resolution 522, minor harm to health is a short-term health disorder or a minor permanent loss of general ability to work. More precisely, the medical criteria for establishing minor harm to health are indicated in the Appendix to the Order of the Ministry of Health and Social Development dated April 24, 2008 No. 194n. According to clause 8 of the Appendix, minor bodily injuries include injuries that lead to:

short-term health disorder, that is, temporary disruption of the functions of organs and/or systems lasting from the moment of injury to the 21st day (inclusive);
permanent loss of general ability to work is less than 10%.

The severity of harm caused to human health is determined by a forensic medical expert of a medical institution or individual entrepreneur who has special knowledge and is licensed to carry out medical activities, including work (services) on forensic medical examination (clause 6 of the Rules).

Serious damage according to the Criminal Code of the Russian Federation

Causing serious harm to health, including those resulting in a threat to human life, is punishable in accordance with Art. 111 of the Criminal Code of the Russian Federation. Such crimes are distinguished not only by malicious intent, but also by the cruelty of their commission.

The following are recognized as serious bodily injury:

intentional impact on a person resulting in a threat to life;
loss of hearing, visual or speech organs;
deprivation of one or more body parts;
artificial termination of pregnancy;
mental disorders;
getting the victim addicted to drugs with adverse consequences;
torture of the whole person or parts thereof;
infliction of injury resulting in complete or partial loss of ability to work without the possibility of its restoration.

Criminal acts qualified under Art. 111 of the Criminal Code of the Russian Federation, are punishable by imprisonment for a term of 8 to 15 years. In addition to imprisonment, the court may impose arrest for up to 2 years.

Regardless of the nature of the injury, you should report it to law enforcement agencies or file a claim for compensation for property damage. Below we will tell you how to do this.

Corpus delicti

The corpus delicti under Art. 115 of the Criminal Code of the Russian Federation arises if the following circumstances simultaneously occur:

conscious (intentional) causing harm to health;
harm to health of mild severity (minor injury), falling under the medical criteria of clause 8 of the Appendix to Order of the Ministry of Health 194n.

Intentional infliction of minor bodily harm should be distinguished from battery. According to Part 1 of Art. 116 of the Criminal Code of the Russian Federation, beatings are violent actions that do not entail the consequences specified in Art. 115. These include, in particular, abrasions, bruises, soft tissue bruises and other injuries that do not lead to short-term health problems or minor permanent loss of general ability to work (clause 9 of the Appendix to Order of the Ministry of Health 194n).

It is also necessary to distinguish between an intentional act and causing minor harm to health through negligence. As stated earlier, unintentionally causing minor bodily harm is not a criminal offense.

Lawyer's comments to Art. 115 of the Criminal Code of the Russian Federation

Qualification

Responsibility for intentionally causing minor harm to health occurs under the commented article if one of two signs is present:

a) if the actions of the perpetrator caused a short-term health disorder;

b) if the result is a minor permanent loss of ability to work. Responsibility for beatings is included in a separate article. 116 of the Criminal Code, which also equates to beatings “the commission of other violent actions that caused physical pain, but did not entail the consequences specified in Article 115 of this Code.” This category also includes minor bodily injuries that “did not result in health problems,” which were previously qualified under Part 2 of Art. 112 of the Criminal Code of the RSFSR.

Health disorder and disability

A health disorder lasting no more than three weeks (21 days) is considered short-term. The duration of a health disorder is usually determined by the number of days of temporary incapacity for work on a sick leave certificate. Minor permanent disability is understood as a permanent loss of general ability to work in the amount of 5%.

Federal Law No. 162-FZ of December 8, 2003 supplemented the article with Part 2, establishing liability for the same acts committed out of hooligan motives. This is due to the exception from Part 1 of Art. 213 of the Criminal Code of the Russian Federation such a sign of criminal hooliganism as the use of violence against citizens. This increases the responsibility for committing a crime under commented Article 115 of the Criminal Code of the Russian Federation, if it is committed out of hooligan motives. Federal Law of July 24, 2007 N 211-FZ “On amendments to certain legislative acts of the Russian Federation in connection with the improvement of public administration in the field of countering extremism”, part 2 of the commented article is supplemented with paragraph “b”, identical to paragraph “e” h .2 tbsp. 111 and paragraph “l” of Art. 105 of the Criminal Code of the Russian Federation.

On the pages of our website we provide complete and universal instructions on the sequence of actions in case of violation of your rights. However, only a few can independently and fully cope with the task of protection. The slightest errors in the procedure can lead to irreversible consequences that will be impossible to correct. The MIP Legal Group includes qualified, experienced lawyers in all areas of law who will help resolve any issues. You can always use the services of a criminal lawyer and be confident in the result.

Punishment for causing minor bodily harm

Liability for causing minor bodily injury, provided for in Art. 115 of the Criminal Code of the Russian Federation:

for an “ordinary” crime without aggravating circumstances, a fine of up to 40 thousand rubles or in the amount of income for a period of up to 3 months, or compulsory labor for up to 480 hours, or correctional labor for up to 1 year, or arrest for up to 4 months (Part 1);
in aggravating circumstances, compulsory labor for up to 360 hours, or correctional labor for up to 1 year, or restriction of freedom for up to 2 years, or forced labor for up to 2 years, or arrest for up to 6 months, or imprisonment for up to 2 years (part 2).

According to the provisions of Part 2 of Art. 115 aggravating circumstances include causing harm to health of mild severity:

for hooligan reasons;
based on political, ideological, racial, national or religious hatred (hostility);
with the use of weapons (objects used as weapons);
in relation to a person (his relatives) in connection with his official activities, the performance of public duty.

Causing minor harm to the health of a minor is not included in the list of aggravating circumstances, but may be taken into account by the court when passing a sentence.

Aggravating circumstances

A crime can be committed:

For hooligan reasons.
The following reasons:
nationalistic;
religious.

Using weapons or other objects used in a similar capacity.

These signs aggravate the guilt and serve as the basis for tougher punishment.

How to hold a person accountable

To prosecute an offender for causing minor bodily harm, you need to:

Contact a medical facility, undergo an examination for injuries, record them, and undergo treatment.
Obtain an expert's opinion on causing minor harm to health.
Write a statement to the police about the incident, indicate in it the details of witnesses (if they were present at the incident), and attach an expert opinion.

It is not a fact that the police will open a criminal case based on the victim’s statement; there is a possibility that this will be denied to the applicant. In this case, an application to initiate a criminal case should be filed with the Magistrates' Court as a private prosecution. In this case, the applicant will be given explanations about the possibility of reconciliation with the offender.

Bringing to justice for causing minor harm to health is not an easy matter, requiring knowledge of many legal nuances. To achieve results, we recommend that you seek advice from a lawyer on our website. He will give detailed explanations of the situation and help the victim protect his legal rights.

What to do if you were beaten

The statute of limitations for personal injury cases is three years. The victim must act in the following order:

First of all, go to a medical facility and record the consequences of the blows. It is advisable to do this immediately after the incident, before the traces of the beating have time to disappear. Based on the results of the examination, the degree of harm caused will be revealed and a medical examination report will be issued. Here is information on how and where you can remove the beatings.
After this, you need to submit a statement to the police department containing the causes of the incident, its description and the damage incurred. If there are witnesses, their testimony is attached to the application. After reviewing the materials and establishing qualifications, the case under the article for light battery will be opened and transferred to the magistrate. Find out about the penalties for assault by following this link.
Additionally, you can file a civil lawsuit to recover compensation from the perpetrator for moral damage and damage to property, if any.

In the absence of any traces of beating, eyewitnesses of what happened or other evidence, it will be impossible to hold the offender accountable. If police officers unreasonably refuse to initiate a case, you need to go to court. Also, the parties can come to a settlement agreement at any stage of the investigation.

Arbitrage practice

In 2022, according to Art. 115 of the Criminal Code of the Russian Federation, about 11 thousand people were convicted in Russia, and in approximately 85% of cases under Part 2, that is, in the presence of aggravating circumstances. In almost 30% of cases, the courts sentenced the accused to compulsory labor, in 20% - suspended imprisonment, and in 15% - actual imprisonment. Cases in this category are characterized by a lot of nuances that are taken into account when sentencing. Let us give an example of causing minor harm to health and the punishment that was awarded to the offender.

Citizen M. was near the bar, where he had a plan to harm the health of citizen D., previously unknown to him, who made a remark to M. because of the latter’s obscene language. M., using an insignificant reason, out of hooligan motives, started a conflict with D., during which he used a picked up stick as an object used as a weapon and deliberately struck the victim twice on the head. As a result of this, D. experienced physical pain, received an injury in the form of a concussion and a bruised wound on the scalp. The victim was hospitalized in a medical facility for 12 days; according to the conclusion of a medical expert, the injury was assessed as minor harm to health due to his short-term disorder. Based on the totality of the facts, the court found M. guilty of committing a crime under paragraphs. a) and c) Art. 115 of the Criminal Code of the Russian Federation (intentional infliction of minor harm to health from hooligan motives and with the use of weapons) and sentenced him to 10 months in prison.

What will determine the severity of the sentence?

The punishment depends on the category of damage and the presence of qualifying features.

Categories of minor bodily injury:

minimal injuries that did not entail loss of ability to work and deterioration of health for a certain period, namely, what heals within 6 days: dislocation, minor bruise, scratch, etc.
More serious damage, leading to more serious consequences, namely that it heals from 6 days to three weeks, 10% loss of ability to work, etc.

Qualifying features

A crime that caused more than 2 people to be injured.
Assault while performing official duties.
If the victim was a minor and could not defend herself.
A crime that was committed by force and humiliation.
A criminal group consisting of several people.
A crime committed due to ordinary hooliganism.
The villain who used the weapon.
Discrimination against religion or race.

How does the punishment change depending on them?

Penalties are applicable only if there are no qualifying criteria.
If there are no qualifying features, arrest is possible for up to 4 months, if there are – up to six months.
Correctional work can last a maximum of a year in both cases.
Without qualifying signs you will not be imprisoned, but with them you can be imprisoned for up to two years or limited for up to two years, there is also such a punishment as forced labor for up to two years.
In the absence of qualifying characteristics, they may be required to perform community service for up to 480 hours, with their presence up to 360 hours of community service.

For clarity, let's look at several examples with and without qualifying features.

Case 1

Kremleva K.L. deliberately began to provoke the girl into a fight. After the attempt failed, she simply started punching her. In this case, the victim simply defended herself and did not fight back. She ended up with a contusion, bruises all over her body and several scratches.

The reason for the attack was hooliganism, the victim was a minor, could not defend herself, the provocation was due to racial discrimination. In addition, Kremleva has a criminal record. Due to a fairly impressive list of aggravating features, she may receive, for example, a prison sentence of up to two years or a suspended sentence.

Case 2

A group of unknown people approached D.M. Makarov and, after an unsuccessful attempt to take away valuables, started a fight. Makarov tried to defend himself, but he did not strike back. Some time later, after they unsuccessfully tried to take the phone and money, one of the accomplices took out a knife, which he accidentally hit the victim, resulting in a small wound.

After a medical examination, the body was found to have bruises, a dislocated right leg, scratches and a knife wound. The aggravating features include the following: attack by a criminal group, hooliganism, use of knives. This case also has a high probability that those who committed such a crime will go to jail.

Case 3

Vershinin D.L. stood up for the girl and started a fight with another guy. The guy did not fight back, he only defended himself. Vershinin was punched several times, resulting in bruises and one contusion on the body.

There are no aggravating features here: no weapon was used, there was only one attacker, the victim was an adult, the cause of the fight was not hooliganism. Therefore, here, most likely, there will be penalties of up to 40 thousand rubles or up to three monthly salaries.

Distinctive characteristics of mild beatings

Personal injury occurs very often, and people do not always turn to law enforcement agencies.
The conflicting parties can independently solve the problem if the situation allows. If a person needs protection, or he intends to hold the offender accountable, he should definitely go to the police. If there are even minor injuries, the defendant can be forced to pay a fine. Light beatings are minor injuries that are determined based on the results of the examination. They disrupt a person’s physical condition and lead to temporary loss of performance; sick leave may be required. There may also be a long-term, but minor health disorder.

Mild severity includes the following:

Scratches and minor cuts.
Bruises and abrasions.
Small cracks in the radius.
Other disorders that allow for rapid recovery of the body.

These injuries are, by law, of mild severity. To bring the defendant to justice, the beating will need to be officially recorded. If an inspection report is not drawn up, then causing harm will not be considered the consequences of assault.

What is beating according to the legislation of the Russian Federation?

Battery is defined as multiple blows or other actions using physical force that cause physical pain to the victim and may result in bodily harm. It is the nature of the harm that will be recorded as a result of striking that will have legal significance for punishing the offender.

We can highlight the following nuances of beatings as an unlawful use of physical force:

Punishment for beatings can only be applied if the offender’s actions are intentional, i.e. this subject is initially aware of the illegality of his behavior (causing harm through negligence will entail criminal prosecution only in case of serious harm to health or death);
beatings can be inflicted both with parts of the body (hands, legs) and with the use of various objects. If additional items are used, the punishment may be much more severe, even if such actions did not lead to serious consequences;
The law provides for the following gradation of consequences from beatings - light, moderate or severe harm to health, as well as death.

The punishment for assault will depend on the severity of the health consequences. The objective nature of the harm can only be established based on the results of a medical examination, which the victim undergoes according to the prescribed examination. The expert's conclusions will be the basis for qualifying the offender's actions - administrative or criminal liability, the choice of a specific article of the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation.

Let's consider what kind of beatings can be according to the norms of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, what factors will affect the nature of the offender's responsibility.