It’s no secret that modern society has long been experiencing financial, class and national division into social strata, which increases the destruction of unity in society and gives rise to an increase in crimes, most of which are in one way or another connected with causing harm to personal health. This guilty socially dangerous act is qualified as a crime directed against an individual, committed by a group of persons or by one person and expressed in violation of the anatomical integrity of the victim’s body or in violation of the functions of individual organs of the body. Various circumstances accompanying this act make it possible to qualify the crime under different articles of the Criminal Code of the Russian Federation:
- Article 111 of the Criminal Code of the Russian Federation – intentional infliction of grievous bodily harm;
- Article 113 of the Criminal Code of the Russian Federation – causing harm to health in a state of passion;
- Article 114 of the Criminal Code of the Russian Federation – causing harm to health when exceeding the limits of necessary self-defense or measures taken to detain persons who have committed a crime;
- Article 118 of the Criminal Code of the Russian Federation – causing grievous bodily harm through negligence.
What is serious harm to health?
It does not matter under what article such a crime as causing grievous bodily harm is classified, in any circumstances the object of the criminal act is human health. The very concept of “serious harm to health” is divided into two categories, which can be caused:
- severe injuries, dangerous to human life, which threaten the life of the victim both at the time of their infliction and subsequently, when their presence entails the death of the victim;
- severe injuries not dangerous to human life - loss of function of a separate organ or loss of the organ itself; loss of speech, hearing, vision; drug addiction or substance abuse; abortion; facial disfigurement; loss of ability to work; mental disorder.
RULES FOR DETERMINING THE DEGREE OF SEVERITY OF HARM CAUSED TO HUMAN HEALTH
1. Harm caused to human health is understood as a violation of the anatomical integrity and physiological function of human organs and tissues as a result of exposure to physical, chemical, biological and mental environmental factors.
2. Harm caused to human health is determined depending on the degree of its severity (serious harm, moderate harm and light harm) on the basis of the qualifying criteria provided for in paragraph 4 of these Rules, and in accordance with medical criteria for determining the severity of harm caused to health person, approved by the Ministry of Health and Social Development of the Russian Federation.
Qualifying signs of the severity of harm caused to human health are:
a) in relation to grave harm:
- harm dangerous to human life;
- loss of vision, speech, hearing or any organ or loss of its functions;
- abortion;
- mental disorder;
- drug addiction or substance abuse;
- permanent facial disfigurement;
- significant permanent loss of general ability to work by at least one third;
— complete loss of professional ability to work;
b) in relation to average severity of harm :
- long-term health disorder;
- significant permanent loss of general ability to work by less than one third;
c) in relation to minor harm :
- short-term health disorder;
- minor persistent loss of general ability to work.
4. To determine the severity of harm caused to human health, the presence of one of the qualifying signs is sufficient. If there are several qualifying criteria, the severity of the harm caused to human health is determined by the criterion that corresponds to the greater severity of the harm.
5. The severity of harm caused to human health is determined in medical institutions of the state health care system by a doctor - a forensic medical expert (hereinafter referred to as the expert).
6. The object of a forensic medical examination is a living person or a corpse (its parts), as well as case materials and medical documents provided to the expert in the prescribed manner.
7. When conducting a forensic medical examination of a living person who has any disease or damage to a part of the body that was previously lost completely or partially before an injury, only harm caused to the person’s health caused by the injury and causally related to it is taken into account.
8. The severity of harm caused to human health, in the presence of damage resulting from repeated traumatic impacts (including during the provision of medical care), is determined separately for each such impact.
If multiple injuries mutually aggravate each other, the severity of the harm caused to human health is determined based on their totality.
If there are injuries of different ages, the severity of the harm caused to human health by each of them is determined separately.
9. The degree of severity of harm caused to a person’s health, expressed in indelible disfigurement of his face, is determined by the court. The forensic medical examination is limited only to establishing the indelibility of the specified damage.
Medical criteria for determining the severity of harm caused to human health are approved by the Order of the Ministry of Health and Social Development of the Russian Federation. This document indicates what specific injuries and what type of health harm correspond.
Human health is a certain physiological (somatic and mental) state of the body, in which all its components function normally. This condition presupposes the normal preservation of the anatomical integrity of organs and tissues, their physiological functions, and the absence of diseases and pathological conditions. Human health as an object of the group of crimes described in Chapter. 16 acts as the main object. The norms of other chapters also protect the health of a person, but as an additional - mandatory or optional - object (for example, in Articles 126, 131, 139, 150, 161 of the Criminal Code).
In the criminal legal sense , causing harm to health is an unlawful, guilty offense causing harm to the health of another person, expressed in violation of the anatomical integrity of his body or in violation of the functions of human organs and the body as a whole.
The injury must be the result of an unlawful act. These cannot include the state of necessary defense, extreme necessity, performance of professional duties (by a doctor), transplantation of organs (tissues) with the consent of the donor and recipient, and other legal grounds.
At the same time, the consent of a person to cause harm to his health does not exclude the qualification of the act as an attack on health.
Harm to health means:
a) bodily injuries that caused a visible violation of the anatomical integrity of the organs (tissues) of the human body or a disorder of their physiological functions;
b) other diseases (including mental disorder, drug addiction and substance abuse);
c) or pathological conditions (for example, shock, coma, purulent-septic conditions).
Beatings, torment and torture do not constitute a special type of damage and are a special way of attacking human health.
The elements of crimes against health are constructed according to the material type: their obligatory feature is criminal consequences - harm to the health of another person.
In light of this, it is clear why the current Criminal Code abandoned the designation “bodily injury”, which was used by the 1960 Criminal Code (“serious bodily injury”, “minor bodily injury”, etc.), replacing it with something else - “causing harm to health” . The latter designation more fully covers possible types of harm to such an object as health. They, as can be seen from clause 2 of the Rules, are not limited to bodily injuries.
The legislator identifies three main types of harm to health:
a) heavy;
b) moderate severity;
c) light.
The allocation is based on the degree of harm caused and the nature of the harm caused to health. The punishment is mitigated when moving from severe to moderate harm and then to minor harm to health. This is the first line of differentiation of responsibility.
When describing the types of harm to health, the legislator uses the concepts of “health disorder” and “loss of ability to work.” The mentioned Rules are guided in the definition of both by the measure of loss of ability to work, but one cannot be distracted from the fact that in the law these concepts are highlighted and distinguished. Their identification is based on two main criteria: anatomical-pathological (medical) and economic.
According to the first of them - medical , reflecting the nature of harm to health - the legislator distinguishes between short-term (a type of minor harm in Article 115) and long-term health disorders.
Based on the second - economic criterion, reflecting the degree of loss of ability to work - the law distinguishes between minor (the second type of minor harm - Article 115) and significant persistent loss of general ability to work, as well as complete loss of professional ability to work.
“ Ability to work is the totality of a person’s innate and acquired abilities to act, aimed at obtaining a socially significant result in the form of a product, product or service.”
Intentional infliction of grievous bodily harm
Article 111 of the Criminal Code of the Russian Federation provides, depending on the circumstances, several types of liability for intentional infliction of grievous bodily harm, when the perpetrator foresaw the consequences of his actions, but did not abandon them:
- According to Part 1 of Article of the Criminal Code of the Russian Federation, intentionally causing grievous harm to the health of the victim is punishable by imprisonment for up to 8 years.
- The same crime committed in a generally dangerous manner or with the use of weapons, for hire or for hooligan motives, for the purpose of further use of the victim’s organs or tissues or with particular cruelty, for political, national or other reasons, against a minor or a person in a helpless state or a person and his relatives in connection with the performance by this person of his official duties or the performance of public duty, is punishable by imprisonment for a term of up to 10 years with or without restriction of freedom for up to 2 years (Part 2 of Article 111 of the Criminal Code of the Russian Federation).
- The crime provided for in parts 1 or 2 of Article 111 of the Criminal Code of the Russian Federation, when committed by a group of persons, as well as in relation to two or more persons, is punishable by imprisonment for a term of up to 12 years with or without restriction of freedom for up to 2 years (Part 3 of Art. 111 of the Criminal Code of the Russian Federation).
- If the intentional infliction of grievous bodily harm resulted in the death of the victim, the perpetrator is punishable by imprisonment for a term of up to 15 years with or without restriction of freedom for up to 2 years (Part 4 of Article 111 of the Criminal Code of the Russian Federation).
How is the severity of damage classified?
Health injuries are divided into several separate categories, the name of which depends on the degree of harm caused. The criteria determining the volume of damage are also described separately for each category. The following factors are taken into account:
- Loss of body parts/organs (complete or partial);
- Recovery time for the victim;
- Loss of ability to work and functionality (partial or absolute);
- Subsequent disability;
- Loss of mental stability;
- Irreversible damage to appearance;
- The presence or absence of pregnancy and negative consequences for its course.
Establishing the degree of severity is carried out by qualified specialists who have the appropriate right to do so. After the inspection, based on the data obtained, a conclusion is made about assigning a damage category. If they are applied in a significant amount, then the conclusion will fully reflect this fact. The basis for formulating the conclusion is the presence of actual physical or mental injuries, since an oral statement of harm to health, from the point of view of the law, is not considered.
If the injuries were inflicted by another person, the punishment applied to him will depend on the severity of the crime. The higher the degree of injury, the more severe the corrective measure. In some cases it may be limited to compulsory labor or a fine, and in others to imprisonment for a long term.
Causing grievous bodily harm in a state of passion
Affect is a strong short-term emotion that suddenly arises and takes the human psyche out of the normal state. As a rule, a state of passion can arise as a result of a reaction to an unexpected and very strong stimulus associated with violence - bullying from the victim, insults, immoral actions, etc. Any crime committed in a state of passion is subject to a less severe punishment, since this is a mitigating circumstance for the perpetrator. Being in a state of passion, as a rule, a person is not aware of his actions, he is not able to control them, and, therefore, fully understand the seriousness of the situation, including calculating the force of the blow or foresee the possible consequences of his actions. Causing serious harm to health in a state of passion is regulated by Article 113 of the Criminal Code of the Russian Federation, which provides for this crime a maximum penalty of two years in prison, a minimum penalty of correctional labor for the same period. It is worth noting that, despite the rather lenient type of punishment for causing grievous harm to the health of the victim, this article is quite rarely used in the judicial system of the Russian Federation, due to the complexity of the evidence base for its imputation. After all, the state of passion can only be confirmed by a forensic examination carried out as close as possible to the date of the crime.
Regulatory and health assessment functions
The assessment actions of special bodies in relation to harm to human health perform the function of ensuring fair justice. An adequate and legally correct assessment of changes in a person’s health status as a result of harmful influences allows us to fully assess the guilt for one person and the damage for another.
The adequacy and correctness of assessment procedures are guaranteed by regulatory documents that contain clear and unambiguous criteria for harm caused to human health.
The procedure for assessing the amount of harm to health is always based on the conclusions of a medical examination. To ensure the adequacy of expert opinions, the Ministry of Health issued Order No. 194n (2008), which approves all the criteria for identifying the severity of the consequences of harm to health.
Based on these criteria, a forensic medical expert report is drawn up.
Such a conclusion has the status of a document that is applied:
- in legal proceedings of any level and type;
- when forming a court ruling or a judge’s ruling;
- when carrying out actions in the field of inquiry and investigation.
Using medical criteria, damages identified during examination of a living person, a corpse, or individual fragments of the human body are assessed. In addition, these criteria can be used to substantiate a conclusion when studying materials from a criminal or civil case, as well as other sources containing the necessary information.
The danger of one person’s actions in relation to another is determined according to the standards set out in Order No. 194n. Only individuals and legal entities with the appropriate license have the right to conduct an examination.
Thus, a person who wants to assess the degree of harm to his health must be guided by the Criminal Code (Articles 111, 112, 115), as well as the information set out in the Order of the Ministry of Health.
In addition, there is another legal document, the standards of which should be relied upon when considering the consequences of harm to human health. We are talking about the status document of Government Resolution No. 522. It concentrates the standards that should be followed when assessing the amount of loss of human health from harmful effects.
Also, for a more detailed understanding of the issue, you can read our articles:
- Health criteria.
- Mental health criteria.
Causing serious harm to health by exceeding the limits of necessary defense
As a rule, not a single person has time to think about what harm he can cause to another person whose actions threaten his own life. However, even for exceeding the limits of necessary defense when causing grievous bodily harm, the Criminal Code of the Russian Federation provides for liability. This type of crime refers to an act involving unconscious actions of the perpetrator; Article 114 of the Criminal Code of the Russian Federation for causing grievous harm to health in self-defense and exceeding the measures permissible for detaining criminals, provides for a maximum punishment of up to 2 years in prison, a minimum punishment of up to 2 years of correctional labor. -x years.
When severity cannot be determined
In some cases, it is not possible to determine the severity of the harm caused. This is relevant for the following situations:
- The victim, being in a sane state, does not give personal consent to the examination;
- The damage is so minor that it cannot be identified;
- There are no qualified specialists capable of conducting assessments;
- It is not possible to determine the nature of the damage.
But this does not mean that you cannot contact the police with a statement against the offender.
Causing grievous bodily harm through negligence
This type of crime is somewhat different from the previous two, although it is also in the nature of an unintentional act. Causing grievous bodily harm to a victim through negligence involves the incompetence of the perpetrator in his actions or his incomplete awareness of the possible results of his actions, including the improper performance by a person of his official and professional duties. Article 118 of the Criminal Code of the Russian Federation provides for two types of punishment for causing grievous bodily harm through negligence:
- maximum – arrest up to 6 months, minimum – fine up to 80,000 rubles. or in the amount of wages (other income of the convicted person) for up to 6 months;
- maximum – imprisonment for up to 1 year with deprivation of the right to engage in certain activities for up to 3 years, minimum – restriction of freedom for up to 4 years, if we are talking about the commission of a crime due to the improper performance of the offender’s professional duties.
Important! Causing serious harm to health can be an act of varying severity, which is determined by the circumstances of each specific case and, accordingly, affects the degree of responsibility of the perpetrator, as well as the amount of material and moral damage. Regardless of whether you are the accused or the victim in the case, you need to contact an experienced lawyer who will make a correct assessment of the situation and help you get out of it with the greatest benefit for each party.
How is the procedure for determining the degree performed?
Determining the severity of harm to health is a procedure that can only be carried out by authorized specialists. To carry out the examination, the victim must be taken to a special medical premises, which contains all the necessary diagnostic equipment.
Based on the analysis, the specialist draws up a detailed report on the results and examination methods used in this case. His report may be used as corroborative evidence in further proceedings in the case or in court.
In some cases, the involvement of additional specialists is required. This is necessary if you have received injuries or damage associated with a violation of specific body functions. For example, in case of abortion or psychological trauma.
As part of medical research, the type of instrument with which the damage was caused, as well as the time period, is established.
Who does the examination
The severity of harm to health is determined by a forensic medical expert. In most cases, it is this specialist who determines the nature of the damage. His powers make him responsible before the law for the accuracy of the information provided.
To carry out such activities, the expert must have appropriate qualifications and accreditation. Lack of necessary skills in the field of medicine and criminal law may lead to the recognition of a specialist’s conclusion as invalid.
