Intentional infliction of grievous bodily harm under Article 111 of the Criminal Code of the Russian Federation: subject and object

1. 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 a person who has caused 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.

2. The same acts 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, mockery 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.

3. Acts provided for in parts one or two of this article, if they are committed: a) by a group of persons, a group of persons by prior conspiracy or an organized group; b) in relation to two or more persons, - c) the clause became invalid on December 11, 2003. - Federal Law of December 8, 2003 N 162-FZ - is punishable by imprisonment for a term of up to twelve years, with or without restriction of freedom for a term of up to two years.

4. Acts provided for in parts one, two or three of this article, which through negligence resulted in the death of the victim, are punishable by imprisonment for a term of up to fifteen years, with or without restriction of freedom for a term of up to two years.

Causing harm to human health

Causing harm to human health includes a number of actions that entailed a deterioration in the physical status of a citizen.

General characteristics of the crime

Causing harm to human health means that the citizen against whom the crime was committed has lost his sight, hearing or speech ability. Also, under Article 111 in Russia, actions that cause the loss of an organ (or loss of its function), as well as termination of pregnancy, the emergence of addiction to drugs or toxic substances, or mental disorder in the victim, are punishable.

The article implies punishment for facial disfigurement, as well as loss of the victim’s ability to work (both full and partial).

All these actions are punishable by imprisonment for a maximum term of 8 years. This period may be reduced if any mitigating circumstances are found.

The actions described above can be committed with aggravating circumstances:

in relation to a person who was performing his official duty (for example, in relation to a policeman who was on duty),
in relation to a child or person who did not have the opportunity to stand up for himself,
with particular cruelty, causing suffering to the victim,
a person who was hired to commit a crime,
for hooligan reasons,
in order to use the tissues or organs of the injured person,
with the use of weapons.

In such situations, the term of imprisonment increases to ten years.

When a crime is committed by several people in conspiracy or against a group of people, the term of imprisonment is twelve years.

Object and objective side

The object in the case of Article 111 of the Criminal Code of the Russian Federation is the health of the citizen. If a person has committed a criminal act in relation to his own health, this is not considered a violation of the law (provided that the motive for the action was not an attack on other objects). For example, suicide is not covered under this article. But if a person tried to harm himself in order to avoid military service, his act becomes a crime.

Another example is the criminal abortions that some women performed on their own during the period when medical termination of pregnancy was prohibited at the request of the expectant mother. Fortunately, the anti-abortion law was repealed in 1954, which significantly reduced female mortality.

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If a citizen has expressed consent to harm to his health, the act is also not considered a crime. The exception is clandestine abortion. The law also regulates cases in which human organs and tissues are illegally removed without his consent (or without the consent of his relatives or legal representatives).

IMPORTANT! If one athlete causes harm to another during a sporting condition, this is not considered a crime if the participants in the competition were aware of the potential risk and the rules of the sport were not violated. If the rules were violated or a plan was identified in the athlete’s actions, the act falls under the scope of the article.

The subject and subjective side of the crime

The subject in Article 111 of the Russian Federation is a person who is declared sane and has reached the age of 14 years. It may seem that this age is quite small, but already in adolescence a person must realize that certain of his actions can entail serious consequences for the health of another person.

By the age of 14, a teenager must understand what he is depriving the victim of, so he can be punished for the action committed.

Sanity presupposes the absence of mental disorders, both temporary and permanent.

The subjective side of a crime is the presence of intent on the part of the offender.

Intent is awareness of the danger of one’s act, as well as the ability to foresee its consequences. If intent is defined as direct, it means that the offender understands that the onset of consequences for the victim is inevitable. Indirect intent is awareness of the possibility of such consequences. Direct intent involves the involvement of the will of the criminal: he wants to cause harm to the health of another person and consciously commits actions that are aimed at realizing this goal. With indirect intent, such consequences are assumed, but they are optional for the criminal or he treats them with indifference.

IMPORTANT! Intention can be either sudden or deliberate. In the first case, the desire to cause harm arises immediately before it is caused. In the second case, the criminal considers a plan to inflict grievous bodily harm, lies in wait for the victim, and prepares everything necessary for the victim to suffer from his actions.

Objective signs of causing serious harm to health

The basis for establishing criminal liability is the signs of the objective side of the crime. It is on the basis of the signs of the objective side that the dispositions of the norms of the Special Part of the Criminal Code of the Russian Federation are formulated[65].

In the theory of criminal law, the signs of the objective side of a crime are divided into mandatory and optional. The signs that make up the objective side of a crime and are mandatory include: an act (action or inaction), socially dangerous consequences, causation. Optional characteristics include: time, place, method, setting of the crime, instruments and means of committing the crime.

Causing grievous harm to health is no exception; the objective side of this act is also combined with the above-mentioned signs, while, in the opinion of N.G. Kadnikov, the objective side of this crime has the greatest specificity among other crimes[66].

We will analyze the objective signs of causing serious harm to health and determine their characteristic features.

The legislator, establishing in Article 111 of the Criminal Code of the Russian Federation criminal liability for causing grievous harm to health, regulates that grievous harm to health is the infliction of harm dangerous to the life of a person, or resulting in loss of vision, speech, hearing or any organ or the 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 a complete loss of professional ability to work, known to the perpetrator.

Based on the disposition of Art. 111 of the Criminal Code of the Russian Federation, established by the legislator, we can say that the objective side of causing grievous harm to health consists of both action and inaction, which meet the criteria also established in the disposition of this article and entail the consequences indicated there.

In criminal law, an action is an active form of a socially dangerous illegal act.[67] An analysis of judicial practice shows that in most cases, serious harm to health is caused by action rather than by inaction. According to the verdict of the Khabarovsk District Court of the Khabarovsk Territory dated August 23, 2015 in case No. 1-315/2016[68], K., being with his partner at the place of their joint residence, as a result of a sudden criminal intent aimed at causing grievous harm to the health of L ., in view of personal hostile relationships that arose during the quarrel, realizing the social danger of their actions, foreseeing the possibility of socially dangerous consequences in the form of causing serious harm to L.’s health, and desiring their occurrence, that is, acting with direct intent, without intent to taking the life of the latter, took a knife, after which, holding the said knife in her right hand and using it as an object used as a weapon, she deliberately struck L. with a knife one blow under the ribs in the abdominal area on the right and one blow under the ribs in the abdominal area on the left, as a result of these criminal actions, K. caused L., according to the expert’s conclusion: “serious harm to health on the grounds of danger to life.” The considered sign of the objective side of the crime in this example is that K. took a knife and struck one blow under the ribs in the abdominal area on the right and one blow under the ribs in the abdominal area on the left. Thus, K. intentionally caused serious harm to L.’s health, dangerous to human life, using an object used as a weapon.

It should be noted that an analysis of judicial practice in cases of causing grievous bodily harm has shown that in most cases, grievous harm is caused using various objects (a stick, a stone, a piece of brick, a shard of glass, a bottle), sharp-edged household items (a knife, axe, shovel, rake, pitchfork), weapons (firearms, cold steel), forces of nature (water, fire), sources of increased danger (electric current, gas, toxic substances), as well as by punching, kicking, pushing or other actions.

In criminal law, inaction is a passive form of a socially dangerous illegal act[69]. Analysis of judicial practice indicates a relatively small number of cases of intentional grievous harm to health through inaction, but, nevertheless, they occur. So, according to the verdict of the Smolensky District Court of the Smolensk Region dated March 31, 2000, K., wanting to take revenge on her husband V. for an unfulfilled family life, as well as his embezzlement of 11 US dollars and the sale of a gold ring, persuaded her relatives I. and N. to beat their husband. They forcibly took V. out of town, I. and N. pulled him out of the car and beat him in K.’s presence. To V.’s requests to stop and forgive him, K. refused, which served as the basis for further beating until the victim lost consciousness. Then I., N. and K. left him in a helpless state alone in a deserted area at an air temperature of 130C and left. Having woken up, V. tried to crawl, but lost consciousness again. He was taken to the hospital by village residents in serious condition. V. suffered frostbite of both hands of the fourth degree, which resulted in their amputation and caused a health disorder associated with permanent loss of ability to work in the amount of 1/3 and on this basis is qualified as serious harm to health. K.’s actions were qualified under Parts 4 and 5 of Art. 33 as incitement, as well as complicity and under paragraph “a”, part 3 of Art. 111 of the Criminal Code of the Russian Federation as intentional infliction of grievous bodily harm, since she was aware of the result of her inaction (causing harm to the health of another person) and allowed any consequences to occur.[70]

In their work, I. F. Kilchitsky and M. M. Kilchitsky noted from what point inaction should be considered criminal. In their opinion: “the moment of the beginning of criminal inaction is the moment when a person should have committed an action, but instead avoided committing it.” The stated definition assumes that in this case the coincidence of three conditions is necessary: firstly, the person has an obligation to act in a certain way, secondly, he has the opportunity to act, and, finally, the failure to perform actions that the person was obliged and could perform.” .[71] Within the framework of this definition, an indicative example is the infliction of grievous harm to health as a result of a person’s failure to perform a certain kind of mandatory action that ensures the safety of other persons. For example, failure to turn off any mechanism or device within a certain period of time by the person who should have done this, resulting in bodily injury to the victim or other harm to his health.

It should be noted that in addition to the subject causing serious harm to health using physical force, such harm can also be caused through mental influence on the victim, while the perpetrator must have the intent to cause harm in this way. For example, the perpetrator deliberately informs a certain person of any false information about a serious illness, the death of a person close to the victim, or the occurrence of some other particularly serious events, which entails causing injury that leads to the illness of the victim. These actions should not be confused with the infliction of moral harm (suffering, grief, as well as physical pain) under any circumstances, since this is not serious harm to health, for which criminal liability is provided.

Intentional infliction of grievous bodily harm

In order to classify a crime and assign punishment to the attacker, it is necessary to clearly define the characteristics of the crime.

Concept and signs

Causing harm to health, which is described in Article 111 of the Criminal Code, implies that the offender committed an act as a result of which the victim’s health was seriously harmed (he lost his hearing or vision, the function of any organ was impaired, etc.).

When assigning punishment, it is important to consider how severe the consequences of the crime were for the victim. The following criteria are used for this:

there is a danger to the life of the victim,
the nature and duration of loss of performance, which can be either permanent or temporary,
the duration of the health disorder, if it is temporary.

To determine the severity of harm to the victim’s health, a forensic examination is ordered.

Causing grievous bodily harm and its types

Direct object

crime is human health.

Objective side

consists of causing harm to health, life-threatening or not life-threatening, but leading to certain consequences.

Dangerous to life

are injuries that in themselves threaten the life of the victim at the time of infliction or, in their normal course, end in death.

Health injuries that are not life-threatening include:

loss of vision
- complete permanent blindness in both eyes or a condition where there is a decrease in vision to counting fingers at a distance of 2 m or less (visual acuity - 0.04 or lower);
hearing loss
- complete deafness or such an irreversible condition when the victim cannot hear spoken speech at a distance of 3–5 cm from the auricle;
loss of any organ or loss of its functions by an organ:
loss of an arm, leg, i.e. their separation from the body, or loss of their functions;
loss of productive capacity, consisting of loss of the ability to copulate or loss of the ability to fertilize, conceive and bear children;
loss of speech
- loss of the ability to express thoughts in articulate sounds as a result of loss of voice;
termination of pregnancy
- termination of pregnancy, regardless of its duration, is a serious bodily injury if it is not related to the individual characteristics of the body, but is in a direct causal connection with the injury;
permanent disfigurement of the face
– the erasability of damage should be understood as a significant decrease in the severity of pathological changes over time or under the influence of non-surgical means;
mental disorder;
disease of drug addiction or substance abuse.

Persistent

loss of ability to work should be considered either when the outcome is determined, or when the duration of the health disorder exceeds 120 days.

Types of grievous bodily harm:

causing grievous bodily harm through negligence (Article 111 of the Criminal Code of the Russian Federation);
intentional infliction of grievous bodily harm (Article 118 of the Criminal Code of the Russian Federation);
causing serious harm to health in a state of passion (Article 113 of the Criminal Code of the Russian Federation).

Infliction of grievous or moderate harm to health in a state of passion differs from murder committed in a state of passion in terms of its object and objective side. Subjective side

- according to Art. 111, 113 of the Criminal Code of the Russian Federation - direct or indirect intent; according to Art. 118 of the Criminal Code of the Russian Federation – frivolity or negligence.

Subject of the crime

– physically sane, – a person who has reached the age of 14, – under Art. 111 of the Criminal Code of the Russian Federation, art. 113, 118 of the Criminal Code - those who have reached 16 years of age, and according to Part 2 of Art. 118 – special subject.

The delimitation of murder from the intentional infliction of grievous bodily harm, which through negligence resulted in the death of the victim, - they differ on the subjective side - in case of murder, the intent of the perpetrator is aimed at depriving the victim of life, and in the commission of a crime under Part 4 of Art. 111 of the Criminal Code of the Russian Federation, the attitude of the perpetrator towards the death of the victim is expressed in negligence.

Qualifying signs of a crime

Parts 2–4 of Art. are provided. 111 and part 2 of Art. 118 of the Criminal Code of the Russian Federation.

Certain types of consequences

Article 111 of the Criminal Code of the Russian Federation implies a number of actions that affect the health of the victim. Let us consider in more detail what consequences such crimes can have.

Loss of vision

This category includes both loss of vision in one or both eyes, and a decrease in visual acuity to 0.04 diopters (that is, the victim can distinguish between light and dark or sees fingers at a distance of up to 2 meters). That is, loss of vision does not have to be complete in order for the actions of a criminal to be qualified under Article 111 of the Criminal Code of the Russian Federation.

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Loss of speech

These include:

loss of the ability to speak clearly, that is, in such a way that the victim’s speech is understandable to others,
complete loss of voice and ability to express oneself.

Hearing loss

This category includes not only complete deafness, but also a condition in which the victim hears speech only when the sound source is located 5 centimeters from his ear.

Morning organ

Organ loss refers not only to the direct loss of a body part, but also to the loss of its function. For example, this may include separation of an upper limb above the elbow or loss of arm function due to paralysis.

Damage to the genital organs means that the ability to have sex, conceive or bear children, etc. is lost. Loss of organs means the loss of an eye or hand.

Abortion

Diagnosis of the causes of termination of pregnancy presents significant difficulties, so doctors of different specialties should take part in the examination. Article 111 of the Criminal Code of the Russian Federation implies that pregnancy is terminated not due to a woman’s illness or accident, but due to the actions of the criminal.

Mental disorder

Mental disorders become the cause of social maladjustment and permanent loss of ability to work. The diagnosis is made on the basis of a medical examination, in which both psychiatrists and narcologists take part (it is possible that a mental disorder may be caused by the influence of any drugs).

Disease of drug addiction and substance abuse

Experts must decide whether there was a one-time use of drugs or whether the victim has developed a persistent addiction that disrupts adaptation. That is, the disease must be already formed so that the actions of the criminal can be qualified under Article 111 of the Criminal Code.

Irreversible facial disfigurement

Establishing the fact of disfigurement is a difficult problem, since this concept relates rather to the sphere of aesthetics. For example, the same injuries in young, middle-aged and elderly people can produce completely different impressions.

The physician must describe the injury and determine its type. At the same time, it is important to decide whether it is possible to eliminate the consequences of disfigurement and make it invisible to others.

Significant permanent loss of ability to work by at least 1/3

This item includes:

fracture of the shoulder and forearm,
fracture of the elbow joint,
femur fracture,
spinal fractures without damage to the spinal cord.

Special tables have been developed to determine the degree of self-harm and its impact on the victim’s performance. His profession, the time during which his performance will be reduced, and a number of other criteria are taken into account.

Qualifying features

In order to determine the degree of responsibility of the criminal, additional criteria are applied to clarify the elements of the crime.

General concept

Qualifying features are features that either mitigate the severity of the crime or, on the contrary, aggravate it. For example, if a crime is committed in conspiracy with a group of people, this will be classified as an aggravating circumstance. If the criminal turns himself in to the police, his sentence (of course, taking into account other factors) may be reduced.

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With extreme cruelty

Particular cruelty implies that the offender mocked the victim, caused her torment and tried to act in such a way that the victim experienced suffering. In court, crimes committed with particular cruelty, according to the decision adopted at the Plenum of the Supreme Court of the Russian Federation in 1999, are punished more harshly than other offenses.

For hire

Hiring means that a person who intends to cause harm to the health of another citizen does not act independently, but hires another person. In this case, both criminals are held accountable (the one who directly caused harm to the victim’s health and the one who hired him).

Intentional infliction of grievous bodily harm resulting in the death of the victim

If, due to harm caused to the health of the victim, his death occurs, the crime is considered in a special way. Let's figure out exactly how.

Concept

Causing grievous bodily harm resulting in the death of the victim implies that the offender created a threat to a person’s life, as a result of which a life-threatening condition developed. In this case, there may be no intent, that is, the offender does not realize that his actions could cause the death of the victim.

Difference from premeditated murder

In a premeditated murder, the offender intends to inflict such injuries on the victim that could cause his death. He is motivated to act in such a way that the other person will die, and all his actions are aimed at achieving this goal. Causing harm to health does not imply this goal.

Difference from causing death by negligence

When death is caused by negligence, the death of the victim is a consequence of the frivolity or negligence of the offender. At the same time, he does not intend to cause harm to health or kill the victim. There is no motive or malicious intent in such crimes, as a result of which such crimes cannot be classified as murder.

Punishment for grievous bodily harm in the Criminal Code of Russia

The legislator establishes liability for criminal actions that cause serious harm. In this case, the composition, that is, the set of signs in the presence of which a person’s action can be considered a crime, will differ depending on the characteristics of the act that caused the damage.

Article 111 of the Criminal Code of Russia

The most common article in law enforcement practice is the intentional infliction of grievous bodily harm (the provisions of Article 111 of the Criminal Code of Russia). Evaluate actions under Art. 111 of the Criminal Code of Russia is possible if a number of signs are present.

The action in this case is aimed at the health of the victim. A criminal is a person who has reached the age of fourteen and has committed specific actions aimed at achieving a result, for example, physical influence. The direct connection between action and result is important.

Particular attention should be paid to the person’s attitude towards his act. In this case, it is the intent to cause grievous harm.

Punishment may vary depending on the presence of qualifying, that is, aggravating, features:

Part 1 provides for up to 8 years in prison:
part 2, which deals with the presence of a qualifying characteristic in the form of hooligan motives, hiring, use of weapons, and so on - up to 10 years;
Part 3, which indicates a preliminary conspiracy or the commission of an act against several persons - up to 12 years.
Part 4 indicates a special consequence - as a result of actions whose original purpose was to cause harm, the victim died. The punishment in this case will be up to 15 years in prison.

In practice, the question often arises of how exactly to qualify an action - murder or causing harm resulting in death. The defense needs to prove that the defendant’s goal was not to take life, but it can be quite difficult to convince the court of this.

Intentional infliction of grievous bodily harm is not the only act for which punishment for grievous bodily harm is provided. Other crimes differ in their aggravating characteristics and composition, but they have the same consequence - grievous harm is caused to the victim.

Article 118 of the Criminal Code of Russia

A distinctive feature of causing grievous harm by negligence is the lack of intent. The offender commits the act on the basis of thoughtlessness or negligence, that is, his original intention is not to cause harm.

In detail: Article 118 of the Criminal Code of the Russian Federation “Causing grievous harm to health through negligence”

Otherwise, the composition will be the same as Article 111, with the exception of the minimum age for prosecution (16 years). But given the lack of intent, the sanction applied will be significantly different. So part 1, that is, in the absence of aggravating features, provides for a fine of up to 80 thousand rubles. or in the amount of income (the perpetrator’s salary) for a six-month period, correctional labor for up to two years, restriction of freedom for up to three years, or arrest for up to six months.

The qualifying, complicating sign is indicated in part 2 of the article. If the consequence occurred as a result of failure to fulfill the professional functions of the perpetrator, the punishment will be expressed in restriction of freedom for up to four years, work for up to a year with an additional restriction of activity for a period of three years, or imprisonment for up to a year.

Article 114 of the Criminal Code of the Russian Federation

The provisions of the article provide for punishment for causing grievous harm in case of excess of defense (Part 1), as well as excess of measures taken in the event of the actions of an officer during the detention of the accused (Part 2).

The maximum sanction in Part 1 of the norm will be a year in prison. But in practice, additional punishments are more often applied. This may be correctional labor, or in other cases restriction of freedom for the same period.

Under Part 2, the sanctions applied reach two years, only the type of punishment differs (these are works, restriction of freedom, or imprisonment).

Article 113 of the Criminal Code of the Russian Federation

The provisions of this norm involve the infliction of grievous harm that occurred in a state of passion. This condition is understood as a short-term clouding of consciousness that arose under the influence of stress or mental influence on the criminal. It is assumed that at this moment the perpetrator cannot fully account for his actions, but at the same time there is a public danger. The presence of affect is determined by an expert.

Corrective or forced labor is used as punishment. The court may impose a two-year restriction or imprisonment.

A crime implies a slight gravity of the act committed, since initially the perpetrator did not want the consequences to occur and violated the law in a state of passion.

Differences between formulations

Each norm establishing liability for grave harm caused to a person has its own compositional features. That is, in each case, the set of criteria for recognizing a person’s action as a crime in accordance with a certain article is different. The only thing that will be common will be the object (that is, a certain benefit that is encroached upon by the guilty person) – the health of the citizen. Other ingredients will vary.

The severity of the crime also differs. Intentional infliction of harm, for example, is considered a serious crime, while violation of criminal law in the heat of passion or self-defense indicates a lack of intent, and in this case such crimes are considered to be of minor gravity.

Causing grievous bodily harm through negligence

Causing harm to health due to the negligence of the offender is considered in Article 118 of the Criminal Code of the Russian Federation. Such crimes do not imply the presence of malicious intent, so they are punishable either by a fine or correctional labor.

If there are aggravating circumstances (for example, the offender was on duty and was obliged to prevent harm to health, but due to negligence did not do this), an arrest for up to two years may be imposed.

Liability for causing grievous bodily harm resulting in death

Serious bodily injury resulting in the death of a person is a serious crime for which criminal liability is mandatory.

Sanctions under the fourth part of Art. 111 of the Criminal Code of the Russian Federation are very harsh and provide for only one type of punishment - imprisonment for up to 15 years .

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Up to 15 - means that the term of imprisonment can start from zero and, in fact, up to 15 years. Much depends on the circumstances of the particular crime. The identity of the victim and the accused, the work of the investigative authorities and the lawyer in criminal cases.

As a rule, a specific term of imprisonment under Part 4 of Art. 111, imposed by court sentences in Russia, is in the range of 8-12 years.

Investigation and consideration of criminal cases under Article 111 of the Criminal Code of the Russian Federation

When considering cases under Article 111 of the Criminal Code of the Russian Federation, it is carried out by investigators from the Department of Internal Affairs. The preliminary investigation is being carried out by employees of the Investigative Committee.

Consideration of such cases is quite labor-intensive. It requires not only numerous interrogations and careful collection of evidence, but also forensic medical examinations to determine the severity of the crime, as well as whether the offender committed unintentional or intentional infliction of grievous bodily harm.

Article 111 of the Criminal Code of the Russian Federation and comments to it describe the infliction of grievous harm to health, as well as additional criteria for qualifying a crime. The investigation of such cases is significant complexity, therefore, in order to quickly achieve a fair decision from the courts and the right verdict, it is necessary to attract competent, highly qualified lawyers.

Commentary on Article 111 of the Criminal Code of the Russian Federation

1. Serious harm to health includes:

1) life-threatening harm to health, which is determined by the method of infliction;

2) causing consequences specifically designated by law;

3) significant permanent loss of general ability to work by at least one third;

4) a complete loss of professional ability known to the perpetrator (Order of the Ministry of Health and Social Development of Russia dated April 24, 2008 N 194n “On approval of Medical criteria for determining the severity of harm caused to human health” <1>).

——————————— <1> RG. 2008. September 5

2. Life-threatening means harm to health that causes a life-threatening condition that may result in death. Preventing death as a result of medical care does not change the assessment of health harm as life-threatening.

Life-threatening harm to health can be both bodily injuries (for example, penetrating wounds of the skull, including without brain damage), and diseases and pathological conditions (severe shock of various etiologies, acute cardiac or vascular failure, etc.).

Serious harm to health (not life-threatening at the time of its infliction), determined by the severity of the consequences, includes: loss of vision, speech, any organ or organ of its functions, productive capacity, termination of pregnancy, regardless of its duration, mental disorder, regardless of the severity of the disease and its curability, drug addiction or substance abuse, which arose under the influence of the illegal actions of the perpetrator, permanent disfigurement of the face.

Loss of general ability to work means the inability to perform any unskilled work. If the outcome of the health damage is unclear, then permanent disability is recognized as the duration of the health disorder over 120 days.

With the complete loss of professional ability to work, a person is deprived of the opportunity to perform specific types of professional activities that require talent, special natural qualities or rare professional skills (for example, work as a taster, be an artist).

3. If the actions that caused serious harm to health are aimed at taking the life of the victim, then the act should be qualified as attempted murder.

4. By bullying and torment (clause “b”, part 2, article 111) should be understood actions that cause additional suffering to the victim.

5. The remaining qualifying signs in their content coincide with the content of the same signs provided for in Part 2 of Art. 105 of the Criminal Code.

6. Part 4 of the commented article provides for a crime with two forms of guilt:

1) intent to cause grievous bodily harm;

2) negligence in relation to causing the death of the victim.

In case of murder, the intent of the perpetrator is aimed at depriving the victim of life, and when committing a crime under Part 4 of Art. 111, the attitude of the perpetrator towards the death of the victim is expressed in negligence (clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation “On judicial practice in murder cases (Article 105 of the Criminal Code)”).

The concept and signs of intentional harm to health under Art. 111 of the Criminal Code of the Russian Federation