What is the charge for fighting with bodily harm?

Search by tag “intentional infliction of minor harm to health” 2 tbsp.

. 111 of the Criminal Code of the Russian Federation. The sanction of this article provides for punishment in the form of imprisonment for a term of up to 2 years.

115 of the Criminal Code of the Russian Federation regulates liability for minor knife wounds.

. For moderately severe 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.

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

There is no article in the Criminal Code of the Russian Federation directly providing for criminal liability for a knife wound. Is it so? Knife wounds are considered bodily injuries.

Answers to questions about the liability that may arise for stabbing are found in Chapter 16 of the Criminal Code of the Russian Federation “Crimes against life and health.”

Legal illiteracy can play a cruel joke, and even with the Criminal Code at hand, it is not possible for a person who is far from the code of criminal laws of the country to determine the possible punishment, as well as assess the need to immediately seek qualified legal assistance.

Multi-channel free hotline Legal advice on criminal law. Daily from 9.00 to 21.00Moscow and region: +7(499) 288-17-41St. Petersburg

Types of bodily injury

Bodily injury is considered to be a disruption of the functioning of the human body, as well as harm or changes in the anatomical structure of the body that arose under the influence of various environmental factors.

The legislation classifies injuries as follows:

• lungs;
• moderate severity;
• heavy.

Since harm is caused to health, accordingly, the degree of liability is determined in proportion to the damage caused by the impact attack, and not by the amount of damage, the area affected, or the nature of the objects that caused the injury.

No lawyer, no matter how highly qualified he may be, can accurately determine the nature of the harm caused to the human body.

This right is assigned by law to such a category of professionals as a forensic medical expert who is an employee of a medical institution or has permission to conduct special research and perform medical services.

Minor injuries are characterized by a short-term deterioration in health or an insignificant loss of ability to work. Moderate injuries are characterized by a significant loss of ability to work in a ratio of less than one third of the general health, as well as long-term harm to the health of the victim.

When defining severe injuries, the legislation provides a list of specific human organs, injuries of which entail a threat to the life of the victim, loss of ability to work by at least one third, absolute loss of professional suitability, cessation of certain physical conditions (pregnancy).

Criminal liability for stabbing

Unfortunately, in our country, a fairly common type of crime that encroaches on human life and health is stabbing.

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.

Depending on the attitude of the accused person to the crime he has committed, the act is classified as attempted murder or causing varying degrees of harm.

Most often, liability for this type of attack on human life and health occurs under the following articles:

1. Causing grave damage (Article 111 of the Criminal Code of the Russian Federation).
2. Causing moderate damage (Article 112 of the Criminal Code of the Russian Federation).
3. Causing minor injuries (Article 115 of the Criminal Code of the Russian Federation).

Each of the described articles contains in the preamble a qualifying feature that entails a higher penalty. To commit a crime, weapons or objects acting as weapons are used.

An ordinary household knife does not have the characteristics of a bladed weapon. The thickness, length of the blade and handle are not intended for injecting. Despite this, the knife acts as a weapon.

Without proper knowledge in the field of medicine, it is very difficult to determine the nature of the injuries and the possible consequences of their infliction on the life and health of the victim.

At the same time, liability comes for causing severe and moderate injuries that occurred under the influence of passion (Article 113 of the Criminal Code of the Russian Federation) or when exceeding the limits of necessary defense (Article 114 of the Criminal Code of the Russian Federation).

Responsibility is significantly different from that which occurs for the same actions that led to the death of the victim (Articles 105, 107, 108, 109 of the Criminal Code of the Russian Federation).

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.

Procedure for filing a police report

Legislatively, the procedure for filing a statement with the police is regulated by Article 141 of the Code of Criminal Procedure of the Russian Federation.

It can be submitted in the following forms:

Application forms submitted above are equivalent.

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.

Anonymous messages are not considered as grounds for initiating criminal proceedings. Applications are subject to mandatory registration in accordance with the procedure established by law. The maximum period for their consideration to make a legal decision is a period of 30 days.

The result of a review by a law enforcement agency may be:

1. Criminal proceedings.
2. Issuance of a decision to refuse to initiate proceedings in the absence of corpus delicti.
3. Transfer of the message to the jurisdiction or to the court.

We should not forget the fact that it is the responsibility of the doctor providing medical care to the victim to notify the competent authorities about all “criminal” injuries: gunshots, knife wounds, beatings, and so on.

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.

Proceedings for these crimes are conducted in public, regardless of the wishes of the victim.

How to speed up the consideration of a criminal case

In the event of an influential person being involved in a criminal trial as an accused, or possessing certain material wealth. There are often so-called cases of “delaying out” procedural actions at the stage of pre-trial proceedings or directly when considering a crime in court.

In this case, the most effective methods of acceleration are:

• involving the media in the process;
• appealing the actions of police officers to the prosecutor's office (the Prosecutor General's Office or territorial representative office).

There is also a procedure for petitioning higher authorities, which are entrusted by law with the function of monitoring the actions of institutions of first instance, but this practice may be ineffective due to the interest and coherence of actions of representatives of the law enforcement system in order to obtain benefits.

Legal advice

Based on the nature of crimes that harm human life and health, taking into account the parties involved in these offenses, the most important universal recommendations for both the victim and the accused will be:

• immediate recourse to qualified legal assistance;
• involvement of an independent expert in the forensic medical examination;
• performing at the pre-trial stage all necessary actions that can be taken into account as mitigating or aggravating circumstances when assigning punishment.

If intent is proven in the stabbing and the act is qualified as attempted murder, reconciliation of the parties to terminate the legal proceedings will not be enough, no matter in what form it occurs. It is worth noting that the state of alcoholic intoxication will be accepted by the court as an aggravating circumstance.

Source: https://ugolovnoe.com/prestupleniya/zhizn/nozhevoe-ranenie

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.

Types of damage

A knife wound can cause completely different types of injuries. 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:

1. Beatings.
2. Lungs are bodily. They are practically comparable to beatings to choose punishment for the perpetrator.
3. Moderate bodily injury. In the process of investigation and reconciliation with the victim, the suspect has the right to avoid responsibility for the appropriate punishment. The main thing is that this agreement is mutual and enshrined on paper. Otherwise, he will face sanctions up to and including imprisonment.
4. Severe severity for the health of the victim. If we compare them with other causes of harm, the terms here are significantly tightened. This is associated with consequences that even lead to the death of a person in a hospital ward. In some cases, the latter may require additional qualifications.

Statement to the police

If you receive a knife wound as a result of a fight or for other reasons, you should first contact the health authorities, where qualified assistance will be provided.

They themselves or you personally can then contact the police department with a statement. Infliction of bodily harm usually occurs while in entertainment venues, in a drinking party, or on the street from hooligans.

Everyone in this situation must answer for their actions.

https://www.youtube.com/watch?v=OhCNATEwWRA

The sample statement for a knife wound is no different from the classic one. There must be a “header” indicating the police department where the application is being made, as well as information about the person applying.

After this, the name of the document is written in the central part of the sheet - a statement. All that remains is to reflect the essence of the events that occurred and, if possible, the data of those persons who caused damage to health.

This will make it possible to arrest them in the future.

The application must include a warning about criminal liability signed by the applicant. A signature with a transcript and the date of application is placed at the end of the sheet. From this moment on, procedural deadlines begin to run.

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

Punishment for beatings

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 measure of liability is insignificant and looks like this:

• Mandatory work (up to 360 hours).
• Correctional labor for up to a year.
• Restriction of freedom or forced labor for an identical period of 2 years.
• Similar term of imprisonment.
• Six-month arrest.

In the event of beating by a person who has previously been held administratively liable for causing harm to health, he will be subject to criminal sanctions. It is worth noting that 1 year should not pass after the commission of an administrative offense. Here the penalties are even less than standard beatings. Additionally, there is a fine of up to 40 thousand rubles.

Intentional infliction of bodily harm resulting in death

The criminal law has article 105

, which establishes punishment for the murder of a person with certain aggravating circumstances. This may include injuries incompatible with life.

This requires several conditions:

1. This crime falls into the category of murder as a result of the use of a firearm or bladed weapon;
2. Murder also means deliberately causing harm to health, with damage to vital organs, resulting in death. For example, this may include a traumatic brain injury due to which the victim died;
3. The nature and multiplicity of injuries inflicted may also influence the classification of the crime. For example, if death occurred as a result of multiple stab wounds.

Important!

If you have problems resolving your case, it is advisable to contact professional lawyers or lawyers. They will provide you with qualified assistance.

ATTENTION!

Due to recent changes in legislation, the information in this article may be out of date!
Our lawyer will advise you free of charge - write in the form below.

• lawyer