I was stabbed and seriously injured

Article and liability for knife wounds in the Criminal Code of the Russian Federation

There are three types of bodily injuries, as mentioned above; whether the injury belongs to a specific type will be determined by a forensic expert:

The most severe form of retribution may be punishment for severe physical injury - imprisonment for up to 15 years with further restriction of freedom for up to 2 years. Often, a crime involving severe physical injury is reclassified as attempted murder, the punishment for which is imprisonment from 5 to 20 years.

The judge may take into account the fact of reconciliation with the victim and the fact that the victim has no claims against the perpetrator, but this will not be a reason for exemption from liability.

in the form of restriction of freedom for up to 3 years;
forced labor for up to 3 years;
imprisonment for up to three years;
arrest up to 6 months;
Injuries of great severity are punishable by law with imprisonment for up to 8 years.

At the same time, for a light blow with a knife to a limb, which provoked death, the criminal will be held liable not under the article for grievous bodily harm, but for murder by negligence.

Features of the crime

By bodily injury we mean disturbances in the functioning of the body, as well as changes in the structure of organs that arose due to the influence of certain environmental factors and the actions of other persons.

There are three types of bodily injuries, as mentioned above; whether the injury belongs to a specific type will be determined by a forensic expert:

minor injuries are characterized by a short-term deterioration in health;
moderate injuries are characterized by loss of ability to work for more than 21 days;
When defining severe injuries, the legislation provides an exact list of organs whose injuries entail a threat to health or loss of physical conditions (for example, pregnancy).

Article 115 of the Criminal Code of the Russian Federation regulates liability for a minor knife wound. For moderate knife wounds, Article 112 of the Criminal Code of the Russian Federation provides for a sanction, and the article for a severe knife wound is described under number 111 in the Criminal Code of the Russian Federation. Article 105 of the Criminal Code of the Russian Federation may regulate knife wounds if the victim subsequently died.

Each of the norms described in the Criminal Code of the Russian Federation contains a number of qualifying characteristics for which a more severe punishment may be imposed. As for the object that caused the injury, in this case a knife, its value is minimal, since the severity of the damage is taken into account, and not the method of inflicting it. An ordinary kitchen knife does not have the characteristics of a bladed weapon, but, nevertheless, if a conflict arose on domestic grounds, then the knife still acts as a weapon.

Like any crime, knife wounds have a certain composition. The object of the crime is the person’s personality, and directly, life and health. The objective side of a knife wound is the direct injury to a person. The subjective side is reflected in the intent to cause physical injury. The subject of the crime is a sane citizen from the age of 16. The crime is considered completed at the moment of inflicting physical damage with a knife, and not at the moment of the onset of adverse consequences.

The classification of a crime is a matter for the prosecutor and investigator. It is very difficult for poorly informed people to understand the legal intricacies of the procedure. For example, a light blow to the leg is accompanied by severe bleeding, which, if left unchecked, can cause the person to die or become disabled. At the same time, for a light blow with a knife to a limb, which provoked death, the criminal will be held liable not under the article for grievous bodily harm, but for murder by negligence.

Article and criminal liability for beating a wife by her husband

The circumstances of the crime are taken into account, so it is impossible to clearly answer what article the perpetrator faces for a knife wound until a thorough analysis of the situation.

Is there an article under the legislation of the Russian Federation for a knife wound?

Application forms submitted above are equivalent. Did a driver hit a pedestrian and cause serious injury? The oral form requires the mandatory entry of data into the protocol from the words of the applicant, and if this is not possible, a report from a law enforcement official. Verbal statements are also called crime reports. In both forms, a mandatory condition for acceptance is the presence of the applicant’s identifying information.

Accordingly, without the intention of reporting an offense, it will not be possible to avoid communication with law enforcement officers regarding the nature of the injuries received.
At the same time, in order to initiate a criminal case for causing grievous or moderate bodily harm, a statement from the victim is not required.

If a knife wound is classified as a serious or moderate crime, criminal proceedings will be continued upon the fact that the person received severe or moderate bodily injuries, regardless of the wishes of the victim. Most often they occur at home, as a result of alcohol abuse. At the same time, recognition of a knife through an examination with cold steel is not a necessary condition for criminal liability to occur. The sanctions in the articles providing for punishment for causing damage to life and health include the following types.

Additional signs

Turning to judicial practice, we will see that a crime of this kind without additional signs is committed quite rarely. It is important to understand that this is a very dangerous crime that requires careful preparation, searching for accomplices, weapons or other items, and sometimes tracking and monitoring the victim. In such cases, the crime will correspond to parts two or three of Article 162 of the Criminal Code of the Russian Federation:

using weapons or other objects

Robbery with a weapon is quite common in situations where the victim needs to be intimidated or the attack is committed on a protected facility - a store, office, warehouse, etc.
Options for using weapons can be different:

its demonstration;
the attacker can put a knife to parts of the body (neck, head, chest, etc.);
weapons can be used as a threat not only to the person being attacked, but also to his loved ones (children, spouse, etc.);
its use in relation to the victim's pets.

Weapons can be either firearms or any other. Actions are qualified on the same basis if any objects were used, if they were intended to cause bodily harm: bats, stones, sticks, metal structures, etc.).

by a group of persons by prior conspiracy

Two thirds of all robberies are committed by a group of people. In this case, there is always a distribution of roles. For example, one of the attackers monitors the environment to prevent danger in the form of law enforcement, vigilant neighbors, etc. The second participant directly makes threats, backing them up with a demonstration of weapons, and demands property. Sometimes it happens that the group also includes such a person as a gunner - a person who “picks up” the victim.

Thus, in practice, there are cases where a woman in a group did nothing but call the owners of advertisements on AVITO, where cars or apartments were offered for purchase. Having heard that the object had already been sold, it was not difficult for the criminals to find out where the lucky owner of a large sum of money lived and organize an attack. During the investigation of robberies and robberies, it is very difficult to bring such “guiders” to justice; they often find themselves on the sidelines and are not punished;

with penetration into a home or premises

Here it is important to establish precisely the illegality, that is, the absence of any permission to enter a particular property. Home invasion often occurs in cases where the victim himself opens the door to a stranger; sometimes attackers use neighbors, forcing them to ring the doorbell under threat of beating. In small towns, it has become a habit for many not to lock the door - such carelessness can be costly.

causing grievous bodily harm

During an attack, significant harm to the health of the victim may be caused; for such consequences, Part 4 of Art. 162 of the Criminal Code of the Russian Federation.

What article is punishable if you hit a person in the face?

We will discuss the possible application of other articles in similar situations, as well as the corresponding penalties, below. After this, we will tell you how you can avoid punishment if it was you who committed the illegal act.

Article 112 considers such harm as serious bodily injury that does not interfere with the full functioning of the human body.
It is understood that the victim may lose at least a third of his ability to work or be deprived of the opportunity to lead his usual way of life for a long time due to the loss of his health.

There is one more condition that can aggravate the guilt - the implementation of this criminal act for a reward on someone’s order. Depending on the circumstances surrounding the attack, the judge will set a term of imprisonment.

In this case, it will be maximum up to fifteen years.

from hooligan motives;
several people;
using any weapon or any third-party object that can be used as a weapon;
due to religious, racial, social, national or political hostility.

In addition, the convicted person may receive a long sentence if the following factors are present:

Serious bodily injury: criminal liability for causing harm to health

Article 111 of the Criminal Code of the Russian Federation itself contains clauses that provide for all possible scenarios for the development of events and incidents in which grievous bodily harm was inflicted.

The main advice to any person who has been falsely accused is not to panic and immediately start looking for a good lawyer.

In addition, it is forensic experts who determine the cause of the victim’s injuries. As soon as serious bodily injury is determined, experts draw up a special act, which is one of the main documents during the trial of the case.

The resulting act has a huge impact on the choice of punishment. If the crime is classified under Part 2 of Article 111 of the Criminal Code of the Russian Federation, the term of imprisonment will be increased to 10 years. However, the exact term of punishment will be determined by the court solely on an individual basis for each individual case.

Punishment

For a crime of this kind, the legislator always provides for long-term imprisonment. The article on robbery contains the following punishment terms:

for a crime without additional signs (as we have already noted, such situations do not happen often) - up to 8 years in prison, an additional fine of up to half a million rubles may be imposed;
if the attack was committed by several accused and/or a weapon was used, then there may be a punishment of up to 10 years in prison with an additional fine of up to a million rubles, as well as restriction of freedom;
when there was penetration into a residential premises or a store, or in case of theft of more than 250,000 rubles - up to 12 years of isolation with the same additional punishment;
If more than a million rubles are stolen or grievous harm is caused to the victim, then the person guilty of committing a robbery can be sentenced to up to 15 years .

What is the penalty for intentional bodily harm caused by a knife?

Good evening, Yulia. The qualifications of the young man’s actions will be determined based on the results of a forensic medical examination, which will determine the severity of the harm to health.

intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement of the face, or causing a significant permanent loss of general ability to work by at least one third or, knowingly for the perpetrator, a complete loss of professional ability to work, committed with the use of weapons or objects used as weapons.

Intentional infliction of serious harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of organ functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement of the face, or causing a significant permanent loss of general ability to work by at least one third, or a complete loss of professional ability to work, known to the perpetrator, is punishable by imprisonment for a term of up to eight years.

If the wound is penetrating, then most likely serious harm to health will be established, since according to clause 6.1.9 of the Medical criteria for determining the severity of harm caused to human health, approved by Order of the Ministry of Health and Social Development of the Russian Federation of April 24, 2008 N 194n “On approval of Medical criteria for determining the severity of harm caused to human health by a chest wound penetrating into the pleural cavity or into the pericardial cavity, or into the mediastinal tissue, including without damage to internal organs. A guy cut my husband with a knife in the chest area, thank God the lung was not hit, what will happen to the guy who did this? To do this, he specifically ran for a knife and struck. The same punishment (up to five years) awaits someone who uses moderate violence against a child under 14 years of age. Earlier in Art. 116 of the Criminal Code of the Russian Federation there were additional signs, in the presence of which the victim was released from the obligation to independently prove the guilt of the offender. Police officers were obliged to carry out a check on the received application, initiate a case and conduct an inquiry, and then send the materials to the court for consideration in the usual manner, with the participation of the state prosecutor.

Thus, if the beatings were caused as a result of hooliganism, then “the police procedure for initiating a case was directly provided for by Art. 20 Code of Criminal Procedure of the Russian Federation.

What punishment awaits for grievous bodily harm with the use of a knife (the victim has no claims)?

Hello. What punishment awaits for grievous bodily harm with the use of a knife (the victim has no claims)?

Lawyer Antonov A.P.

Good afternoon According to Part 2 of Article 111 of the Criminal Code of the Russian Federation, intentional infliction of grievous harm to health, dangerous to human life, or resulting in loss of vision, speech, hearing or any organ or loss of an organ’s functions, termination of pregnancy, mental disorder, drug addiction or substance abuse, or resulting in permanent disfigurement of a person, or causing a significant permanent loss of general ability to work by at least one third or, knowingly for the perpetrator, complete loss of professional ability to work, committed: a) against a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty; b) in relation to a minor or another person who is known to be in a helpless state by the perpetrator, as well as with special cruelty, humiliation or torture for the victim; c) in a generally dangerous manner; d) for hire; e) for hooligan reasons; f) for reasons of political, ideological, racial, national or religious hatred or enmity, or for reasons of hatred or enmity towards any social group; g) for the purpose of using the victim’s organs or tissues; h) with the use of weapons or objects used as weapons - is punishable by imprisonment for a term of up to ten years, with or without restriction of freedom for a term of up to two years. According to Articles 61 and 62 of the Criminal Code of the Russian Federation, the following are recognized as mitigating circumstances: a) the commission of a crime of minor or moderate gravity for the first time due to a random combination of circumstances; b) the minority of the perpetrator; c) pregnancy; d) the presence of young children with the perpetrator; e) committing a crime due to a combination of difficult life circumstances or out of compassion; f) committing a crime as a result of physical or mental coercion or due to financial, official or other dependence; g) commission of a crime in violation of the conditions of legality of necessary defense, detention of the person who committed the crime, extreme necessity, justified risk, execution of an order or instruction; h) illegality or immorality of the behavior of the victim, which was the reason for the crime; i) confession, active assistance in solving and investigating a crime, exposing and prosecuting other accomplices in a crime, searching for property obtained as a result of a crime; j) provision of medical and other assistance to the victim immediately after the commission of a crime, voluntary compensation for property damage and moral harm caused as a result of the crime, and other actions aimed at making amends for the harm caused to the victim. When assigning a punishment, circumstances not provided for in the first part of this article may be taken into account as mitigating factors. If a mitigating circumstance is provided for by the relevant article of the Special Part of this Code as a sign of a crime, it in itself cannot be taken into account again when assigning punishment. In the presence of mitigating circumstances provided for in paragraphs “and” and (or) “k” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special parts of this Code. In the case of concluding a pre-trial agreement on cooperation in the presence of mitigating circumstances provided for in paragraph “and” of part one of Article 61 of this Code, and in the absence of aggravating circumstances, the term or amount of punishment cannot exceed half the maximum term or amount of the most severe type of punishment provided for in the relevant article of the Special Part of this Code. The provisions of part one of this article do not apply if the corresponding article of the Special Part of this Code provides for life imprisonment or the death penalty. In this case, the punishment is imposed within the sanction of the relevant article of the Special Part of this Code. In the case of concluding a pre-trial agreement on cooperation, if the relevant article of the Special Part of this Code provides for life imprisonment or the death penalty, these types of punishment are not applied. In this case, the term or amount of punishment cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment in the form of imprisonment, provided for by the relevant article of the Special Part of this Code. The term or amount of punishment imposed on a person in respect of whom a criminal case is considered in the manner prescribed by Chapter 40 of the Criminal Procedure Code of the Russian Federation cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed, and in the case, specified in Article 226.9 of the Criminal Procedure Code of the Russian Federation - one-half of the maximum term or amount of the most severe type of punishment provided for the crime committed. Thus, in your case the maximum penalty is 6 years 8 months imprisonment. The court may also give you a suspended sentence.

Sincerely, lawyer Anatoly Antonov, managing partner of the law firm Antonov and Partners.

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Knife wound article

For any questions of criminal law, you can seek a free consultation with a lawyer by phone.

There is an article in the Criminal Code of the Russian Federation for knife wounds. At the same time, liability is highly individualized depending on the harm to health. All details are taken into account to mitigate or make the punishment more severe. Was I stabbed and seriously injured? If such violations of the law actually occur, it is best to file a complaint with law enforcement agencies to identify the culprit and bring him to justice.

This all applies to those cases where knife wounds are caused as a result of the intentional actions of a person. The punishment is noticeably softened if the offender acts in a state of passion, and also causes harm to health through negligence.

Knife wound article of the Russian Criminal Code

The victim came to my home and attacked me and I was stabbed 2 times and he was in the hospital for 19 days.
At the trial it was said that the examination showed that I was not balanced. I have a minor child and a wife. And 3 more mitigating circumstances: The most common case of injury is a knife wound. If you turn to police reports, you will see that domestic incidents and unauthorized intentional and unintentional bodily harm to oneself occupy a large share of calls.

Knife wound article

There is an article in the Criminal Code of the Russian Federation for knife wounds. At the same time, liability is highly individualized depending on the harm to health.

All details are taken into account to mitigate or make the punishment more severe.

If such violations of the law actually occur, it is best to file a complaint with law enforcement agencies to identify the culprit and bring him to justice.

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.

Everyone remained, but the door to the apartment itself was locked. The next day, February 17, 2010, I was sleeping in my room, a neighbor (15 years old) came from school and one of these Uzbeks was sitting in the kitchen, he was drunk when he saw her, began to climb in to kiss and threaten with a long fork with two prongs, he only saw her 2 times and doesn’t know.

We locked ourselves in my room, I called my boyfriend from work and the girl’s mother, he started breaking into my room, I pushed him away and closed the door, he went into the kitchen to climb through our drawers, and as we later realized, he stole a knife .

The girl’s mother and my boyfriend arrived, the Uzbek had already come out into the entrance and my boyfriend was standing in the apartment trying to explain to him to leave and the Uzbek suddenly flew into the apartment, a fight started, the girl’s mother ran up and they pushed him into the entrance and closed the door, the police came to us I didn’t go, my boyfriend had 2 stab wounds, one 18 cm in the lumbar region, the other in the subscapular area between the ribs, the organs were not affected, they wanted to hospitalize him, he refused in a state of shock, and was afraid to leave me alone in the apartment, because the Uzbek threatened with violence. We found him, handed him over to the police, a day later the police released him, because my boyfriend had a slight injury to his health (18 cm in the liver area.

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Knife wounds - what punishment can you face? Attempted murder, causing grievous or moderate harm to health

It happened that the uncle, while intoxicated, attacked his wife and inflicted stab wounds to the chest and neck, now she has undergone surgery in the intensive care unit, he is in the police, they release him the next day after the incident. How much does he face if his wife or her relatives write a statement against him without him? I will be grateful for your answer!

Is there an article under the legislation of the Russian Federation for a knife wound?

At first glance, a slight penetrating leg wound, accompanied by significant blood loss, without medical assistance can lead to the death of the victim. In this case, the perpetrator will be held liable for premeditated murder or manslaughter.

Punishment for stabbing

Now we should talk about the consequences that may occur. Let me immediately note that the court will take into account all the existing circumstances of the incident, that is, the motive of the crime, the characteristics of the criminal, the behavior of the accused, and so on. All factors will be taken into account by the court, and only after that a verdict will be made.

Criminal case of knife wound (part 1 of article 111 of the Criminal Code of the Russian Federation)

From the plot of the case: 01/12/2013, at approximately 21:45, Burkin, being at the Yolochka cafe, located at Yolochny lane.

111, during a quarrel that suddenly arose against the backdrop of personal hostility with Solovyov, who was previously unknown to him, deliberately struck one blow to the abdomen with a knife he had on him, causing Solovyov, according to the certificate, “A penetrating stab wound to the abdominal cavity with a through wound to the ileum. Hemoperitonium”, which, due to the danger to life, is regarded as serious harm to health.

The unconvincing story, at least, does not convince me, and from the point of view of the development of events during a fight - at one time I was engaged in wrestling, well, it’s implausible (punching with a fist when a knife is clamped in your hand is very inconvenient, ineffective, it’s easier to throw the knife away, push attacker and leave, he’s drunk, it’s not a fact that he’ll catch up).

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What is the punishment for a knife wound causing harm to health?

As a result of competent and prompt actions, private security officers detained the attacker not far from the crime scene and took him to the Department of the Ministry of Internal Affairs of Russia in the city of Pervouralsk, where he told the detectives about the crime committed. The verdict by which a person is convicted under Art. The Commissioner for Children's Rights under the President of the Russian Federation, Pavel Astakhov, took control of the situation.

For example, a human wound in the abdominal cavity, even if it is not accompanied by heavy bleeding, can be fatal if vital internal organs are affected.

Moreover, without a special examination by a qualified specialist of the victim, it is impossible to determine which organs are affected and what consequences this will lead to.

At first glance, a slight penetrating leg wound, accompanied by significant blood loss, without medical assistance can lead to the death of the victim. In this case, the perpetrator will be held liable for premeditated murder or manslaughter.

private sector. penetration - means that they entered his property without permission, although in fact everything happened on the street behind the fence. Neighbor B was the first to attack and set the dog on his neighbor, namely because of personal hostility while intoxicated. Rather, neighbor B hit neighbor B with a stone in a state of necessary defense.

Stabbing article of the Russian Criminal Code

As for moral suffering, then, according to the article, the amount of compensation for injuries will not be more than rubles. My husband parked the car near the exit from a private yard, an article about how all the places nearby were occupied in the city center, he left a card with a number if the car got in the way.

Knife wound article of the criminal code of the Russian Federation punishment period

There is also an approximate list of injuries that should be considered life-threatening.

These, for example, include knife or gunshot wounds penetrating into the cavity (thoracic, abdominal, pelvic, etc.), fracture of the base of the skull, etc.

In addition, serious harm to health can be qualified on the basis of the loss of an organ or loss of its function (loss of vision, hearing, traumatic amputation of limbs, etc.).

Source: https://zakonandporyadok.ru/alimenty/nozhevoe-ranenie-statya-uk-rf

Video of a criminal who attacked a girl with a knife in Ukhta

The classification of a person's actions for battery appeared relatively recently. Only in 2016 they were highlighted in a separate article. But it is worth noting that this may only be accompanied by stabbing or have nothing to do with the weapon. In this case, there are no consequences, but only physical pain for the victim.
The degree of liability is insignificant and looks like this: In case of a knife wound, completely different types of injuries can be received. The most important thing is the consequences resulting from criminal actions. Each type of injury caused by a knife is prescribed in a separate article of the Criminal Code of the Russian Federation, where the penalties applied to the perpetrator are divided in ascending order: The preventive measure for S. in the form of detention is left unchanged. From the report of the inspection of the scene of the incident dated December 29, 2011, it follows that near the second entrance of the house ********, the corpse of K*na A.G. was found with stab wounds to the chest, abdomen and back, and next to this home, at a bus stop, the body of an unknown man was found with stab wounds to the right thigh, leg and abdomen. A kitchen knife and a knife handle were confiscated from the scene of the incident (vol. 1 pp. 39-47, 48-59). An acquaintance came to our house, pulled my husband into the entrance and hit him in the face and took out a knife, I managed to push him away and push my husband home.

We filed a statement but the police did not act. The criminal is at home... threatening to kill us and come now. The police did not detain him..he had already cut 2 people..there are a lot of cases against him and they are not detaining him. At the age of 20, I was hit with a knife, my pleura was touched, on the first day there were two operations at once, after which there were complications - empyema of the pleura, another operation was performed after a month of treatment in the hospital, Pseudomonas aeruginosa was brought in, a week after leaving the hospital I needed surgery again, can I get disability?

What consequences will there be if a minor, 17 years old, stabbed a person with a knife and fled the scene of the crime? After which the victim was taken to the hospital with serious injuries. At the very least, we can state that in your situation the subject is 17 years old, and accordingly, he has reached the age of criminal responsibility. The only point is that the person is a minor, as a result of which he will have certain privileges in the criminal case.

Punishment for causing harm to health of mild severity under the article of the Criminal Code of the Russian Federation

The concept of “minor bodily injury” in Article 115 of the Criminal Code of the Russian Federation has recently been interpreted as “minor harm to health,” which does not significantly change the essence. If one person harms another, resulting in physical harm, minor injuries and temporary disability, they must be held accountable. Each case of violence is individual, and only authorized structures and judicial bodies have the right to establish punishment for a crime.

When a beating occurs and intentional harm is caused to a person, it is necessary to act consistently and responsibly. You can punish an attacker for causing harm and light beatings if you contact the police immediately after committing the crime. Here you will need to write a statement indicating the cause, circumstances and consequences of the incident.
After reviewing the submitted materials, the police will determine under what article the crime is classified and will open proceedings on the case, which will be transferred to the magistrate. The punishment for minor harm to health under Article 115 of the Criminal Code of the Russian Federation depends on whether the crime was committed with aggravating circumstances or without them. When the beating was organized by a group of people, this will be considered a qualifying sign, for which the punishment will be more severe.

In addition to demands to hold a citizen accountable for light beatings, the victim may insist on compensation for moral damage and material damage. The plaintiff sets the amount of payment independently, but it is important to be guided by the principles of objectivity and reasonableness.

When preparing an application to the court, in order to avoid errors, inaccuracies, and unforeseen negative legal consequences, it is best to first obtain legal support and recommendations from an experienced lawyer. The qualification of a crime is also influenced by the presence of intent. If a person intentionally inflicted beatings, caused minor injuries and pursued the goal of causing harm to the health of another citizen as a result of beating, the punishment will be harsher. Responsibility for a crime falling under Article 115 of the Criminal Code of the Russian Federation begins at the age of 16. Defendant G. pleaded guilty in full and testified that at approximately 11 p.m., in a state of intoxication, he came home to his ex-wife B. and a conflict arose between them, during which he began beating her on the head with his hands.

B. ran out of the room with the children, he followed her. The court found that defendant G., on the basis of a sudden personal hostility, deliberately inflicted at least six blows to the victim with a knife in the head and torso area, as a result of which A. suffered, among other things, a wound on the right surface of the neck, penetrating into the lumen of the pharynx, with damage to the anterior wall of the pharynx and the upper edge of the cricoid cartilage (on the right), which is qualified as causing grievous harm to the health of the victim, based on the danger to life.

Such a crime falls into the category of murder due to the use of tools dangerous to life (bladed weapons or firearms).
Murder may also include deliberate infliction of harm to vital organs resulting in death.

For example, according to Part 1 of this norm, intentional infliction of grievous bodily harm can result in imprisonment for up to 8 years.

Knife wound: article of the Criminal Code of the Russian Federation, what is the punishment and prosecution

In the Criminal Code, liability for causing bodily harm is individualized to the maximum extent possible.

The legislator took into account almost all possible details that could affect the toughening or mitigation of punishment in a situation involving a crime against human life and health.

It should be noted that there is no article in the Criminal Code specifically for stabbing. Which article for a knife wound will be applied depends on the nature of the injury and damage to organs, since injuries can be mild, moderate or severe.

Features of the crime

There are three types of bodily injuries, as mentioned above; whether the injury belongs to a specific type will be determined by a forensic expert:

minor injuries are characterized by a short-term deterioration in health;
moderate injuries are characterized by loss of ability to work for more than 21 days;
When defining severe injuries, the legislation provides an exact list of organs whose injuries entail a threat to health or loss of physical conditions (for example, pregnancy).

Article 115 of the Criminal Code of the Russian Federation regulates liability for a minor knife wound. For moderate knife wounds, Article 112 of the Criminal Code of the Russian Federation provides for a sanction, and the article for a severe knife wound is described under number 111 in the Criminal Code of the Russian Federation. Article 105 of the Criminal Code of the Russian Federation may regulate knife wounds if the victim subsequently died.

Each of the norms described in the Criminal Code of the Russian Federation contains a number of qualifying characteristics for which a more severe punishment may be imposed.

As for the object that caused the injury, in this case a knife, its value is minimal, since the severity of the damage is taken into account, and not the method of inflicting it.

An ordinary kitchen knife does not have the characteristics of a bladed weapon, but, nevertheless, if a conflict arose on domestic grounds, then the knife still acts as a weapon.

The subjective side is reflected in the intent to cause physical injury. The subject of the crime is a sane citizen from the age of 16.

The crime is considered completed at the moment of inflicting physical damage with a knife, and not at the moment of the onset of adverse consequences.

The classification of a crime is a matter for the prosecutor and investigator. It is very difficult for poorly informed people to understand the legal intricacies of the procedure.

For example, a light blow to the leg is accompanied by severe bleeding, which, if left unchecked, can cause the person to die or become disabled.

At the same time, for a light blow with a knife to a limb, which provoked death, the criminal will be held liable not under the article for grievous bodily harm, but for murder by negligence.

The circumstances of the crime are taken into account, so it is impossible to clearly answer what article the perpetrator faces for a knife wound until a thorough analysis of the situation.

Procedure for bringing to responsibility

In order to bring the offender to justice, you must write a statement to the police. Anonymous requests are not taken into account. If you cannot submit a written statement yourself, it can be oral.

The law enforcement officer himself will draw up an appeal from your words, and you just sign it. After registering the application, you will be notified within 30 days whether a criminal case will be initiated regarding your matter or not.

A copy of the medical examination must be attached to the application. It is necessary to visit a doctor before going to the police.

If a person is admitted to a hospital with a stab wound, hospital staff are required to notify law enforcement if there are moderate or severe injuries. Crimes against life and health are matters of public prosecution and do not require the consent of the victim.

The application is submitted in accordance with Article 141 of the Code of Criminal Procedure of the Russian Federation. You can ask the police for a sample application or use the following writing structure:

The name of the police chief of the department where your application will be processed.
Your personal information and contacts.
Document's name.
Main text. Here it is necessary to indicate a request, for example, I ask that a specific citizen who struck with a knife or an unknown subject be held accountable. All circumstances of the incident are described - date, place, time, nature of injuries received, etc.
Date of application and signature.

If a criminal case has been initiated for causing moderate injuries, the plaintiff cannot withdraw the statement, even after reconciling with the offender. In any case, the latter will be punished for what he did. The judge may take into account the fact of reconciliation with the victim and the fact that the victim has no claims against the perpetrator, but this will not be a reason for exemption from liability.

Determining the severity of harm caused to health due to existing bodily injuries

It is impossible for the victim to make a reliable diagnosis of injury or disease due to the unclear nature of the clinical picture or insufficiently completed clinical and laboratory studies.
If the victim refused to undergo additional examinations or did not appear for a second examination, which prevents the expert from correctly assessing the nature of the harm caused to the victim’s health.
Some of the documents necessary to determine the severity of harm to health are missing. For example, if there are no results of additional tests.

In a number of cases, for completely objective reasons, a forensic medical examination to determine the severity of the harm caused cannot be carried out. This occurs in the following situations:

The qualifying characteristics of the average degree of severity of harm caused to the health of the victim are: Article 111 of the Criminal Code of the Russian Federation describes the signs of intentional infliction of serious harm to health, as well as the degree of punishment provided for such a criminal act. Was the driver involved in an accident and seriously injured? Article 114 of the Criminal Code of the Russian Federation describes the signs of causing grievous or moderate harm to health in case of exceeding the limits of necessary self-defense or in case of exceeding the measures necessary to detain a person, as well as the degree of punishment provided for such a criminal act.

Commentary on Article 162 of the Criminal Code of the Russian Federation

1. The objective side of the crime of robbery is characterized as an attack committed with the use of violence dangerous to the life or health of the victim, or with the threat of such violence.

An attack is characterized by surprise, swiftness, violent pressure, and the desire to take the victim by surprise. It can be obvious or disguised, expressed in an obvious or secret impact on the victim with nerve paralytic, toxic or intoxicating agents introduced into the victim’s body against his will or by deception in order to bring him into a helpless state (clause 23 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On Judicial practice in cases of theft, robbery and robbery").

2. Violence dangerous to life or health should be understood as violence that resulted in the infliction of grave and moderate harm to the health of the victim, as well as the infliction of minor harm to health, causing a short-term health disorder or a minor permanent loss of general ability to work. Violence will be life-threatening even if the method of its use created a real danger of death, although it did not cause any harm to health (for example, holding the victim under water, in a gas-filled room). To qualify a crime as robbery, it is sufficient that the violence creates at least a danger to health.

3. During robbery, not only physical, but also mental violence (threat) is possible, provided that the perpetrator threatened violence that is dangerous to life or health. The nature of the threat can be indicated by the statements of the perpetrator (“I will kill,” “I will stab,” “I will mutilate,” etc.) and his actions (demonstration of a knife, razor blade, etc.).

4. Robbery, unlike other types of theft, is recognized as a completed crime from the moment the attack begins. Since it has the nature of a directed impact, it virtually eliminates the possibility of an assassination attempt.

5. The subjective side is characterized by direct intent and the purpose of stealing someone else’s property.

6. The subject of the crime is a person who has reached the age of 14 years.

7. A qualified type of robbery includes its commission by a group of persons by prior conspiracy or with the use of weapons or objects used as weapons (Part 2 of Article 162).

Weapons in the proper sense of the word (firearms, cold steel, pneumatic and gas) are specifically designed to hit a living target (Article 1 of the Federal Law of December 13, 1996 N 150-FZ “On Weapons”). Objects used as weapons are any objects that can cause injury or death: axes, crowbars, clubs, razors, knives, etc. It does not matter whether they were prepared in advance and specially for a robbery or were randomly picked up at the crime scene.

8. The threat of a weapon that is known to be unusable or an imitation weapon (for example, a dummy pistol or a starting pistol) cannot be considered armed robbery. However, in this case, the victim perceives the attack as a real threat to his life or health, therefore it must be qualified as robbery under Part 1 of Art. 162. If the victim realized that he was being threatened with an unusable or unloaded weapon or an imitation weapon, then the act should be classified as robbery.

9. The use of weapons, if the perpetrator did not have permission to use them, must be qualified according to the totality of crimes provided for in Part 2 of Art. 162 and the corresponding part of Art. 222 of the Criminal Code.

10. Group armed robbery differs from banditry in the absence of signs of stability and the special purpose of attacking citizens or organizations.

11. Particularly qualified types of robbery are its commission with illegal entry into a home, premises or other storage facility or on a large scale (Part 3 of Article 162). The content of these signs is revealed by analyzing previous forms of theft.

12. In part 4 art. 162 provides for liability for robbery committed by an organized group on an especially large scale and causing grievous harm to the health of the victim. For their content, see the commentary to Art. Art. 35, 111 and 158 of the Criminal Code.

Encroachment on life goes beyond the scope of this crime and requires additional qualifications under paragraph “h” of Part 2 of Art. 105 of the Criminal Code. If the intent of the perpetrator included only serious harm to health, and the mental attitude towards the death of the victim was expressed in negligence, the act must be qualified under the totality of paragraph “c” of Part 4 of Art. 162 and part 4 of Art. 111 of the Criminal Code.

13. Theft, which began as theft or robbery, may develop into robbery in the process of commission if the perpetrator, in order to take possession of property or retain it after taking it, uses violence dangerous to life or health, or threatens to use such violence.

Causing grievous bodily harm through negligence

In your case, there is innocent harm. According to Article 5 of the Criminal Code of the Russian Federation, it is impossible to bring to criminal liability for innocent causing of harm.

There is a significant difference between being hit with a knife and being stabbed (the difference is precisely the force of the blow).

You also did not indicate what actions you took after the blow, for example, if you immediately called an ambulance, tried to stop the bleeding and helped your husband in every possible way, then there is a hope that your actions will be reclassified under Part 1 of Art.

118 of the Criminal Code of the Russian Federation (if your husband confirms your testimony). If you did nothing to help your husband, then the question arises: why, if you struck the blow through negligence. Moreover, even turning around its axis, you impart a certain force to the knife (i.e., if you were just standing, the blow would be less deep), and when turning, the speed and depth of the blow are greater. However, in your case, this article does not apply, since when holding a knife in your hands (no matter what you do with it, cutting bread, meat, or simply washing the knife), you must be aware of the social danger and foresee the possibility of socially dangerous consequences (if translated into simple language, then when working with a knife, a person must understand that he can cut himself if handled carelessly, or injure someone accidentally, so the knife must be handled carefully).

On being found guilty in the case of intentionally causing grievous bodily harm dangerous to life

From the above, it is clear that the use of a knife against the victim Ya. was motivated by hostility towards the victim on the part of the defendant V., and not by verbal threats of physical harm on the part of the victim against his daughter and her child

injuries resulting in serious harm to health in the absence of any assault on the part of the victim as to *.*. In, and on her young child. This conclusion is confirmed by witness testimony, as well as by the nature of the victim’s actions when receiving knife wounds and the nature of V.’s own actions, who used the knife during a quarrel, and not because of any threat to her child from the victim.
The validity of this conclusion is also indicated by her contradictory testimony about what happened, given by her both in court and during the preliminary investigation.

By her actions, defendant V. committed a crime under Art. 111 part 1 of the Criminal Code of the Russian Federation, due to the fact that she intentionally caused the victim Ya... serious harm to health, life-threatening. From the content of V.’s testimony, it follows that the victim Ya., who was intoxicated, actually quarreled with his daughter, with whom he only scolded, but did not make death threats to her.

He did not attack her in the kitchen, and had no intention of going into the room to deal with his sleeping grandson. The presence of a conflict situation with his daughter was not the basis for the fact that he really intended to strangle his grandson, with whom he had a good relationship. Physical evidence: a knife, two T-shirts, added to the materials of the criminal case by the Resolution of Investigator D.. and stored in the evidence chamber of the Zheleznodorozhny District Court. destroy upon entry into force of the Judgment.

Read other articles on the site:

A crime that is not a crime against a person
Sample petition to initiate a criminal case in civil proceedings
Message on life safety on the topic of criminal liability of minors
Regional law causing harm to health and moral development
Organization of the activities of the investigator at the stage of initiating a criminal case

Dear colleagues, I wish each of us to hold high the title of lawyer, unswervingly adhering to the principles of impartiality and objectivity!

What is robbery

Criminal law interprets this act as actions aimed at taking possession of someone else’s property, while the attackers use violence or the threat of violence to achieve their criminal goals.

The legislator gives a fairly complete definition of the composition, indicating the specific characteristics that it must have:
this is an attack;
the purpose of the attack is only theft;
violence is used or threats of violence are made.

Such actions can only be intentional; criminals must be aware and desire to achieve the goal of the robbery; all their actions must be aimed at taking possession of property, money, jewelry, etc.

What are the signs of violence against a victim? The Supreme Court clarified that it must be dangerous to health at the time the crime was committed or correspond to at least slight harm to health (that is, causing health impairment for up to 21 days).

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