ST 115 of the Criminal Code of the Russian Federation.
1. Intentional infliction of slight harm to health, causing short-term health disorder or minor permanent loss of general ability to work, -
shall be punishable by a fine in the amount of up to forty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three 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 one year, or by arrest for a term of up to four months.
2. The same act committed:
a) for hooligan reasons;
b) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group; Information about changes:
Federal Law No. 227-FZ of July 21, 2014 added paragraph “c” to Part 2 of Article 115
c) using weapons or objects used as weapons;
d) in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of public duty, -
shall be punishable by compulsory labor for a term of up to three hundred sixty hours, or correctional labor for a term of up to one year, or restriction of liberty for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to six months, or imprisonment for a term of up to two years.
Intentional infliction of grievous harm: key points
The term harm caused to a person refers to a violation of the integrity of the physiological state of the body: organs or tissues.
Consequently, human health becomes the object of such crimes. Here it is necessary to understand that harm can be caused intentionally or unintentionally, and the punishment depends on the severity of the injuries received.
If harm to health is caused by prior agreement, this does not relieve the perpetrator from criminal liability. This may include illegal abortions, which are performed in inappropriate conditions and by doctors who are often unqualified.
Criminal liability may extend to self-harm if this act forms part of another crime, for example, evasion of military service.
Important! Injuries caused during sports competitions will not be considered a crime if these competitions are obviously associated with risk and the incident did not violate the current rules.
In what situations can serious harm be caused?
Let's consider the most typical cases when the victim suffers just such bodily injuries:
- As a result of a fight, beating, that is, deliberate actions of one or more people: criminal liability arises for a crime under Art. 111 of the Criminal Code of the Russian Federation.
- As a result of careless actions: in such situations, the consequences in the form of damage are random, no one foresaw them, but with due care their occurrence could be expected. In this case, liability arises under Art. 118 of the Criminal Code of the Russian Federation.
- Due to protection from attack. If such a defense is found to be justified, the defendant is released from criminal prosecution. If the defense was disproportionate to the actions that were committed by another person, then liability arises under Art. 114 of the Criminal Code of the Russian Federation.
- As a result of infliction by a person in a state of passion, the qualification corresponds to Art. 113 of the Criminal Code of the Russian Federation.
- Due to non-compliance with labor protection requirements and safety measures at work (most often in production). In such situations, liability under Art. 143 of the Criminal Code of the Russian Federation is borne by the official who is responsible for labor protection measures.
- Due to a traffic accident. According to the Criminal Code, such actions are considered a crime qualified under Art. 264 of the Criminal Code of the Russian Federation.
Harm concept
What can be considered harm received? In essence, these are consequences that entail a violation of the functionality of the body or its integrity. However, this definition is quite broad, so it makes sense to familiarize yourself with the nuances in more detail.
Applicable classification
Three categories of harm are defined:
- premeditated;
- unintentional;
- in an affective state.
It is the first point that receives the most attention, when the attacker acts consciously, purposefully committing a crime against the health, and sometimes even the life of a person, if the inflicted injuries and mutilations turn out to be incompatible with the vital functions of the body.
Consequences
This takes into account the change in a person’s physical condition after injuries. According to these features, harm is divided into:
- fixable;
- irreparable;
- incompatible with life.
The consequences can be distinguished by injuries:
- physical;
- moral.
In some cases, we are talking about combined injuries, when physical injury leads to severe psycho-emotional disorder of a person.
Varieties
This refers to crimes that are committed with the aim of causing physical harm to a person. This may include:
- Purposeful infliction of damage to health and threat to life.
- Illegal medical intervention, for example, removal of organs or tissues without the patient’s consent.
- Violent acts of a sexual nature.
How a personal injury investigation is conducted
In most cases, the investigation begins with a statement from the victim, his relatives or witnesses to the incident. This is followed by an interrogation of the victim and his forensic medical examination for the presence and nature of injuries.
The main thing for the investigator is that the suspect has a motive. Therefore, he interrogates witnesses who may know something about the relationship between the attacker and the victim. If the attacker and the victim are strangers, then the external characteristics of the attacker are determined. If the identity can be established, the suspect is detained; in some cases, they inspect his clothes and search the house where he lives, etc.
Of course, these are just general outlines of operational-search activities. Each case is individual and is determined by the form of guilt, circumstances and the severity of the damage caused to health.
If the victim or his relatives write a statement that passes under Art. 115. of the Criminal Code of the Russian Federation, but after a medical examination it turns out that the damage to health was more serious, then the police must reclassify the article to one that corresponds to the nature of the damage to health.
Severity qualification
This criterion is assigned to a forensic medical examination. As part of the survey, the following factors of severity of physical damage are established:
- danger of injury to life;
- duration of disability;
- complete inability to carry out work;
- loss of internal organs or limbs, including impairment of functionality;
- mental disorders, this includes acquired addiction provoked by medications;
- disfigurement of appearance;
- interruption of intrauterine development of the fetus during pregnancy.
All of the above points apply to harm to health. If the victim receives multiple injuries, the severity is classified according to the most life-threatening.
Signs of moderate harm to health
Let's consider the medical criteria for qualifying signs of harm to health, established by law.
Qualifying features
The definition of harm of moderate severity contains two qualifying criteria, if one of them is present, the fact of its infliction will be established.
- Significant loss of total ability to work is less than one third - from 10 to 30 percent .
- The functions of organs or body systems are temporarily impaired (expressed in disability) for more than 3 weeks - 21 days .
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Medical criteria for establishing
The criteria relating to the damage in question are:
- bone fractures that are not life-threatening (for example, fractures of the upper jaw, ribs, arms, etc.);
- various injuries to soft tissues and internal organs within the limits of the above symptoms (kidney bruise, hearing loss, vision loss and its recovery within acceptable time limits);
- deprivation of fingers and toes within the limits of disability - from 10 to 30% (one to two fingers);
- concussion, again taking into account signs of restoration of ability to work (up to 3 weeks - mild, over - moderate harm).
The listed criteria are indicative and can only be accurately determined by a professional doctor - a forensic expert. No other counselor or “expert” can give you the correct diagnosis.
The document defining the medical criteria for the above signs of harm is Order No. 194 of the Ministry of Health and Social Development of the Russian Federation dated April 24, 2008, issued on the basis of Resolution No. 522 of 2007.
To obtain an accurate diagnosis in the form of a forensic medical examination report, it is imperative and timely to contact a medical institution.
Preventive measure
The responsibility of the accused is determined by the severity of the damage caused to the victim. Let's look at how this looks from the point of view of the criminal code.
- Serious harm to health caused intentionally (Article 111 of the Criminal Code). Depending on the qualifying criteria, the perpetrators may be sentenced to up to 15 years in prison. The minimum liability under this article is up to 8 years if the accused causes intentional harm to the victim, the maximum - if the victim died.
- Damage of moderate severity (Article 112 of the Criminal Code). This refers to physical damage that is not life-threatening, but which causes long-term health problems. Maximum punishment under the article: up to 5 years in prison.
- Intentional infliction of damage of moderate and severe severity in an affective state (Article 113 of the Criminal Code of the Russian Federation). Punishable by imprisonment for 2 years, forced labor or correctional labor for a similar period.
- Exceeding the limits of acceptable self-defense, causing harm of high and moderate severity (Article 114 of the Criminal Code of the Russian Federation). Punishable by imprisonment for 1-2 years.
- Article 115 of the Criminal Code of the Russian Federation for intentional infliction of harm to health of minimal severity. May be punished by a fine of up to 40,000 rubles, imprisonment from 4 months to 2 years.
Download for viewing and printing:
Article 111 of the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Article 112 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Article 113 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Article 114 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Article 115 of the Criminal Code of the Russian Federation dated June 13, 1996 N 63-FZ (as amended on February 19, 2018)
Aggravating circumstances
According to Article 63 of the Criminal Code of the Russian Federation, aggravating circumstances are considered:
- relapse;
- grave consequences;
- Active participation;
- involvement of minors;
- political, social and racial motives;
- crimes committed with extreme cruelty;
- crimes committed against pregnant women;
- using official position;
- in relation to minors.
Download for viewing and printing:
Article 63 of the Criminal Code of the Russian Federation of June 13, 1996 N 63-FZ (as amended on February 19, 2018)
What is considered serious harm to health?
This includes causing significant physical damage to the victim’s health. This may include:
- limb amputation;
- loss of working capacity by more than 1/3;
- serious mental disorders;
- loss of functionality of organs or systems of the human body.
Increase in sentence
For this purpose, the following qualifying characteristics will be taken into account:
- planned action;
- a socially dangerous method of committing a crime;
- the attacker is acting for hire;
- being under the influence of alcohol and drugs at the time of the crime;
- national and political motives.
What is personal injury?
There is no concept of bodily harm in criminal law. Instead, several articles provide penalties for causing damage to health. For example, articles 111, 112, 115 and 118 of the Criminal Code of the Russian Federation. Essentially, these concepts mean the same thing, but grievous bodily harm is considered a broader category of harm to human health.
Namely: bodily injury is the infliction of any damage to the health of a citizen . Such injuries include a simple bruise resulting from a blow with a fist (as they say, the offender “didn’t calculate the force”), as well as a serious burn with facial disfigurement for the rest of his life or a spinal injury leading to lifelong disability.
In addition to the Criminal Code of the Russian Federation, you can restore your right after causing harm to health with the help of civil legislation. Namely, Chapter 59 of the Civil Code of the Russian Federation is devoted to compensation for property and moral damage.
The Code of Civil Procedure of the Russian Federation determines the rules of claim proceedings, with the help of which it is possible to restore the above-mentioned right. A statement of claim can be filed both within the framework of a criminal case (when it comes to the elements of a crime from the Criminal Code of the Russian Federation) and separately (if an administrative offense has been committed or there is no element of any act other than a civil tort).
As for minor victims, the increased liability of the perpetrator will depend on the age of the child . In some crimes (clause “b”, part 2 of article 111, clause “c”, part 2 of article 112 of the Criminal Code of the Russian Federation, etc.) there is a separate qualifying feature as committing a crime against a minor.
Note! The child's young age will directly affect a harsher sentence. These age differences will be discussed in detail later in the article.
In a state of passion
The criminal law provides for special conditions of liability if a person experiences strong sudden excitement (affect). The presence of such an emotional state in the perpetrator can only be determined by an expert during a special psychological examination.
In addition, the investigative authorities must establish whether this affect was caused by violence on the part of the victim, bullying or other provoking actions. If all these points are confirmed, the person will be held accountable under Art. 113 of the Criminal Code of the Russian Federation. Punishment can be either imprisonment or restriction of freedom (up to 2 years), or correctional labor.
