Article 111 of the Criminal Code of the Russian Federation. Intentional infliction of grievous bodily harm

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An unlawful act, which is classified as unintentional infliction of grievous bodily harm, entails criminal liability. During the investigation, it is necessary to establish two main points: what harm was caused to the health of the victim, and whether there was intent on the part of the criminal. If we are talking about the absence of intent and grievous harm, then the punishment is established in accordance with the norms of Art. 118 of the Criminal Code of the Russian Federation .

What is grievous harm?

All consequences of harm to health, which can be identified as serious, are considered in Art. 111 of the Criminal Code of the Russian Federation . The law includes:

• loss of one of the senses of touch;
• loss of ability to speak;
• organ loss or failure;
• abortion;
• the appearance of mental disorders, drug addiction;
• facial disfigurement;
• loss of ability to work by 1/3 or more, or complete loss of the opportunity to continue working in one’s profession.

All these consequences can only be established by a physician, who must reflect his findings in the conclusion. Sometimes it is necessary to conduct a medical examination to establish not only the presence of serious harm to health, but also the relationship between the act of the accused and the manifestation of the consequences. For a victim who wants to impose a proportionate punishment on his offender, he may need a private lawyer in Moscow who will pose the right questions to the expert to prove the presence of, albeit unintentional, infliction of serious harm to health.

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

1. The most dangerous type of attack on human health is serious harm to health, which has a clear tendency to increase. When describing the elements of intentional infliction of grievous bodily harm in the commentary. The article uses a combined method: by listing its constituent elements - types of grave harm, as well as by indicating the closest genus and species differences.

2. Grave harm includes <1>: ——————————— <1> The comments in articles on crimes against human health are based on the provisions of the Rules of Forensic Medical Examination of the severity of harm to health, approved. Order of the Ministry of Health of Russia dated December 10, 1996 N 407 (Medical newspaper. 1997. N 23, N 34). Due to the fact that the Department of Registration and Control over Departmental Normative Acts of the Ministry of Justice of Russia refused state registration of these Rules due to their contradiction with current legislation (see letter of the Ministry of Justice of Russia dated August 15, 2001 N 07/8280-YUD), the Minister of Health of the Russian Federation with his Order No. 361 of September 14, 2001 canceled Order of the Russian Ministry of Health No. 407 of December 10, 1996, which approved these Rules (see also Order of the Russian Ministry of Health No. 119 of March 21, 2003). A legal vacuum has formed. Nevertheless, judicial practice is still guided by the provisions of these Rules. Note scientific ed.

a) life-threatening harm. This is recognized as harm to health that causes a life-threatening condition that can result in death; They can be either physical injuries, diseases or pathological conditions. Life-threatening injuries include, for example, penetrating wounds of the skull and spine, open fractures of long tubular bones, damage to large blood vessels, second-degree burns exceeding 30% of the body surface, etc. This kind of damage, classified as the first group, by its nature poses a threat to the life of the victim. The second group includes injuries that cause the development of a life-threatening condition (coma, massive blood loss, severe shock, etc.);

b) injuries that are not life-threatening and classified as serious in terms of consequences. These include loss of vision, speech, hearing, loss of an organ or loss of an organ’s functions; abortion; mental disorder, drug addiction or substance abuse; permanent facial disfigurement.

2.1. Grave harm also includes infliction of harm that caused a significant permanent loss of general ability to work by at least 1/3 or, knowingly for the perpetrator, a complete loss of the victim’s professional ability to work.

3. Loss of vision is understood as complete permanent blindness in both eyes or a condition where there is a decrease in vision to a visual acuity index of 0.04 or lower (counting fingers at a distance of 2 m and before light perception).

Hearing loss refers to 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 vision in one eye and loss of hearing in one ear represent the loss of an organ’s functions and, on this basis, are classified as serious harm to health. The loss of one eyeball is considered the loss of an organ, and the loss of a blind eye is classified based on the duration of the health disorder. When determining the severity of harm, the possibility of improving vision or hearing with the help of medical and technical means (glasses, hearing aids, etc.) is not taken into account.

4. Loss of speech refers to the loss of the ability to express one’s thoughts in articulate sounds that are understandable to others, or the loss of voice.

5. The loss of an organ or loss of its functions means: a) loss of an arm, leg, i.e. their separation from the body or loss of functions (for example, as a result of paralysis). The loss of an arm or leg is equivalent to the loss of the most functionally important part of a limb (hand, foot): such a loss is regarded as grave harm on another basis due to the fact that it entails a permanent loss of working capacity of more than 1/3; b) damage to the genital organs, accompanied by loss of productive capacity. It is understood as the loss of the ability to copulate, fertilize, bear and bear children; c) loss of one testicle, which is the loss of an organ.

6. Termination of pregnancy, regardless of its duration, is recognized as serious harm to health if it is caused by the behavior of the perpetrator, and not by the individual characteristics of the victim’s body or her diseases. It is important to establish that the perpetrator, when causing the damage, was aware that the victim was pregnant.

7. Mental disorder, drug addiction or substance abuse are new types of serious harm to health, unknown to the previous Criminal Code of the Russian Federation. As a result of violence or threats from the perpetrator, the victim develops a mental illness or persistent dependence on narcotic, psychotropic or toxic substances. The assessment of the severity of harm to health in these cases is carried out by a forensic medical expert with the participation of a psychiatrist, narcologist, toxicologist after conducting a forensic psychiatric, forensic drug addiction or forensic toxicological examination, respectively.

8. Indelible facial disfigurement is a type of grave harm distinguished according to aesthetic criteria. It gives the victim a repulsive, ugly appearance. To classify damage as grave harm on the basis of the criteria in question, it is necessary to establish two circumstances: the indelibility of the damage and the disfigurement of the face by it.

8.1. The question of whether the damage is erasable is decided by an expert. It should be understood as the possibility of disappearance of the visible consequences of damage or a significant decrease in their severity (i.e., the visibility of scars, deformations, impaired facial expressions, etc.) over time or under the influence of non-surgical means. If cosmetic surgery is required to correct these effects, the damage is considered permanent. Regardless of the conclusion on the issue of indelibility of injuries to the face, the expert establishes their severity based on other indicators of the severity of harm to health.

8.2. The question of disfigurement is a legal, evaluative one. It is decided by the court (investigative bodies) on the basis of generally accepted aesthetic ideas, taking into account all the circumstances of the case.

9. The commented article 111 of the Criminal Code of the Russian Federation also includes the complete loss of professional ability for victims of an attack on their health as a type of serious harm to health. Professional work capacity is a person’s ability to perform a certain volume and quality of work in a specific profession (pianist, carpenter, surgeon, etc.).

9.1. Complete loss is established in cases where the victim, due to severe impairment of body functions, has absolute medical contraindications for performing any type of professional activity, even in specially created conditions. To impute this type of harm, it is necessary to establish knowledge, i.e. the perpetrator, when causing harm to the health of the victim, knew that this harm could lead to a complete loss of professional ability to work (for example, damage to a pianist’s hand).

10. Harm to health is considered serious if it causes a significant permanent loss of general ability to work by at least 1/3. When determining the amount of permanent loss, the expert is guided by a table of percentages of disability as a result of various injuries. According to this table, for example, removal of a lung means 60% loss of ability to work.

The loss of general ability to work must not only be significant, but also persistent and irreversible. Loss of ability to work should be considered permanent, either with a definite outcome or with a duration of health disorder of more than 120 days.

11. The subjective side of the crime (Part 1 of the commentary article) is characterized by direct and indirect intent. At the same time, intentional infliction of harm, assessed as grave based on the danger to life, should be distinguished from attempted murder precisely on the subjective side. An attempt is made only with direct intent: the perpetrator, realizing the social danger of the shot he made, stabbing him, giving poison, etc., foresees the possibility or inevitability of the death of the victim and wishes to cause this harm. In contrast, this type of grievous harm presupposes indirect intent regarding the fact of death, and due to the fact that it did not occur, the act is qualified under Part 1 of the comment. articles. If death from the inflicted damage, dangerous to the life of the victim, actually occurs, then if there is indirect intent, the act is regarded as murder. If a desire for death is established at the time of causing life-threatening harm, the act is qualified either as murder (if death has occurred) or as attempted murder (if actual deprivation of life has not occurred). Finally, if there is a careless attitude towards the death of the victim with the intentional infliction of harm dangerous to life, there is a crime with two forms of guilt (Article 27 of the Criminal Code).

12. The subject of a criminal offense is a sane individual who has reached 14 years of age.

13. Responsibility for intentional infliction of grievous bodily harm is differentiated by the qualifying circumstances listed in parts 2 - 4 of the commentary. articles. In Part 2, they are recognized as having committed the act specified in Part 1: in relation to a person or his relatives in connection with the performance of official activities by this person or the performance of a public duty; with particular cruelty, humiliation or torture for the victim, as well as in relation to a person who is known to the perpetrator to be in a helpless state; in a generally dangerous manner; for hire; for hooligan reasons; motivated by national, racial, religious hatred or enmity; for the purpose of using the victim’s organs or tissues.

14. The acts provided for in Part 1 or 2 are considered to be committed under specially qualifying circumstances (Part 3) if they were committed: by a group of persons, a group of persons by prior conspiracy or an organized group; against two or more persons.

15. The content of qualifying and specially qualifying features according to the main parameters is similar to those provided for in Part 2 of Art. 105 in relation to murder (see commentary to Art. 105).

15.1. Torment as a method of causing harm to health is understood as actions that cause suffering (illness) through prolonged deprivation of food, drink or heat, or placing (or leaving) the victim in conditions harmful to health, or other similar actions.

15.2. Cases of mockery and other gross violations of human dignity are also considered as bullying.

16. The greatest public danger and at the same time difficulty in terms of law enforcement is the type of intentional infliction of grievous bodily harm provided for in Part 4 - a type that negligently resulted in the death of the victim. Outwardly, this crime resembles murder, for example, a stab in a vital part of the body, causing death. In some cases, such an act can be regarded as murder, in others - according to the rules of Part 4 of the comment. articles.

16.1. The distinction here must be made primarily on the subjective side of the act. Part 4 describes two results of this relationship (serious harm to health and death), which correspond to two standards of guilt. If the perpetrator has the intent (direct or indirect) to cause serious harm to the health of the victim, i.e. he foresees at least the possibility of its occurrence and desires or consciously allows such consequences (or is indifferent to them), then the CR occurs under Part 4 of Art. 111. If the perpetrator did not have the intent to cause grievous harm to health, and even more so, if there was no intent to cause harm to health in general, the imputation of Part 4 of Art. 111 is out of the question. These are the situations of the so-called indirect cause of death (blow or push - fall - hitting your head on a hard surface - death).

16.2. Regarding the second result - death - the attitude of the perpetrator is different: he commits negligence. He either foresees the possibility of death from intentionally causing serious harm, but without sufficient grounds he arrogantly hopes to prevent death (frivolity), or does not foresee such a possibility, although with the necessary care and foresight he should and could have foreseen this (negligence). This is, for example, the situation when a knife is stabbed in the thigh, damaging a large blood artery, and death occurs from acute blood loss.

17. Regarding the criteria for distinguishing between murder and intentional infliction of grievous bodily harm resulting in the death of the victim through negligence, the Plenum of the Armed Forces of the Russian Federation in paragraph. 2, paragraph 3 of Resolution No. 1 of January 27, 1999, emphasized that when deciding the issue of the content of the perpetrator’s intent, it is necessary to proceed from the totality of all the circumstances of the crime. In particular, it is necessary to take into account the method and weapon of the crime, the number, nature and location of damage (for example, injuries to the vital organs of the victim), as well as the previous crime and subsequent behavior of the perpetrator and the victim, their relationship.

18. The acts described in parts 1 and 2 belong to the category of grave crimes, and in parts 3 and 4 - especially grave ones.

Lack of intent

The subjective side of the crime under discussion is expressed precisely in the absence of intent when committing an act or inaction. That is, the harm must occur due to the negligence of the offender. By his frivolous or careless actions, he brought upon the victim serious problems in his health. Moreover, frivolity is manifested in the fact that the person foresaw the consequences of his actions, but at the same time arrogantly counted on preventing them. We can speak of negligence if a person did not foresee the consequences, but if he had shown forethought, he would have been able to understand what his actions were leading to.

The described article does not cover cases of innocent causing of harm. Here the behavior of the accused borders on criminal negligence . The main difference is that the person could not foresee the consequences of his actions.

What is the penalty for causing minor bodily harm?

Minor harm to health is the infliction of minor injuries resulting in short-term health problems. As a rule, after such injuries a person remains able to work. In some cases, medical attention may be required, but not for more than 3 weeks. Minor harm to health is considered to be bruises, cuts, contusions and other minor injuries during a domestic quarrel or hooliganism.

Liability for causing minor bodily injury is provided for in Art. 115 of the Criminal Code of the Russian Federation. If proven guilty, the attacker will face:

1. Imposition of a fine of up to 40,000 rubles or withholding of part of the salary for a period of 3 months;
2. Community service for up to 480 hours;
3. Correctional labor for one year;
4. Temporary restriction of freedom for up to 4 months.

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If a minor participated in the beating, then most likely he will face financial penalties. The obligation to pay rests with the parents. At the same time, the child must be registered.

Participation of a lawyer in the defense of a person accused of causing grievous bodily harm through negligence

If it is not possible to prove that the principal was not involved in causing harm to the victim’s health, then a private lawyer in Moscow should focus on reclassifying the crime. The line between serious harm and moderate harm can sometimes be very blurred, and the issue is decided by a medical expert, whose conclusion, if there is justification, can be challenged.

The presence or absence of intent can also be played upon; the punishment for an intentional crime, a crime of negligence or for innocent causing of harm varies greatly. And even if there is no reason to change qualifications, you can insist on a less serious punishment under this article.

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Lawyer in Voskresensk for beatings, torture

Lawyer under Art. 116 of the Criminal Code of the Russian Federation – beatings

A lawyer under Article 116 of the Criminal Code of the Russian Federation in Voskresensk is mainly necessary for a suspect accused of beatings or violent acts that caused physical pain, which were committed with hooligan motives.

By challenging the fact that the beatings were committed out of hooligan motives, the lawyer will be able to get the criminal case dismissed. In addition, there are other legal ways to terminate a criminal case under Art. 116 of the Criminal Code of the Russian Federation, which, under certain circumstances, a lawyer can use when providing legal assistance to his client.

This article provides for punishment of up to 2 years in prison.

Article 116.1 of the Criminal Code of the Russian Federation - Battery by a person subject to administrative punishment , provides for punishment from a fine to 3 months of arrest.

Lawyer under Art. 117 Criminal Code – Torture

This crime is mainly committed in everyday life. For example, domestic violence does not always end in a one-time beating. Often these beatings and other violent actions are systematic. This causes considerable physical or mental suffering to the injured party. Such acts of a domestic tyrant-torturer are punishable under Art. 117 of the Criminal Code of the Russian Federation.

Prosecution under this article is possible only in cases where beatings or other violent actions are of a systemic nature, i.e. if they are committed 3 or more times, which must be objectively confirmed.

A lawyer under Article 117 of the Criminal Code - torture, while defending a suspect or accused, will try to prove that there is no system in the actions of his client. This will help reclassify the charge to another less serious charge, for example to Part 1 of Art. 115 of the Criminal Code of the Russian Federation, which does not provide for imprisonment, and in some cases, to terminate a criminal case for lack of corpus delicti.

Part 1 art. 117 of the Criminal Code of the Russian Federation provides for punishment of up to 3 years in prison.

Part 2 of Article 117 of the Criminal Code of the Russian Federation provides for torture, only with aggravating features. When systematic beatings or other violent acts causing physical or mental suffering, for example, are committed against two or more persons, a pregnant woman, a minor or a person in a helpless state or in financial or other dependence on the perpetrator, as well as a kidnapped or captured as a hostage, with the use of torture, as well as by a group of persons, a group of persons by prior conspiracy or an organized group and in the presence of other aggravating features, then such actions fall under the elements of a crime under Art. 117 part 2 of the Criminal Code of the Russian Federation.

Punishment under this part is provided for from 3 to 7 years of imprisonment.

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).

Criminal liability for assault

Please note that in connection with new amendments to the Criminal Legislation of the Russian Federation, the following types of bodily injuries are recognized as battery:

1. Beating of immediate relatives;
2. Hooligan motive for committing a crime;
3. The injuries were inflicted by a previously convicted individual;
4. The offender acted out of hatred (religious, racial or national).

It also takes into account that the beating must have caused serious health problems or temporary impairment. The absence of traces of damage or too late contacting the police are not grounds for initiating a case under Art. 111, 112 and 115 of the Criminal Code of the Russian Federation.

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Dmitry Leonov

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Statistics on this crime

In the first half of 2015, courts of general jurisdiction of the Russian Federation sentenced 3,622 people.

Of these, 3,587 people were imprisoned for a certain period of time:

• 2 people were sentenced to a year in prison;
• 4 people from one to two years;
• 20 people from two to three years;
• 133 people from three to five years old;
• 1,514 people from five to eight years old;
• 1334 people from eight to ten years old;
• 560 people from 10 to 15 years old;
• 19 people from 15 to 20 years old;
• one person from 20 to 25 years old.

28 people were given conditional imprisonment, in 42 cases the criminals turned out to be unhealthy, they were sent for treatment, 11 people were acquitted, and 35 cases were dismissed for other reasons. Coercive measures were used in 233 cases against insane persons.

17 people received a fine in the form of additional punishment, 221 people received restriction of freedom, and three people were banned from holding certain positions. Mitigating circumstances were taken into account in 2004 cases, and aggravating circumstances in 1322 cases.

Assessment of the victim's condition

Sometimes situations may arise in which it is necessary to conduct a special medical examination on a living person. For this purpose, medical specialists from other fields of medicine are invited. The presence of injuries or diseases present in a living person before the incident under investigation is determined. It is necessary to distinguish between the pathological conditions that arose in the victim after the crime was committed and those that existed before. If a person has multiple injuries received more than once (those inflicted during the provision of medical care are also taken into account), each injury is considered separately, and a severity level is assigned for each. In the case when several lesions mutually aggravate each other, their effect is regarded as cumulative when setting the severity of the injury.

If the consequences of a crime lead to mental disorders and drug addiction (substance abuse), doctors such as a psychiatrist and a narcologist are involved in a forensic medical examination. The presence of an established termination of pregnancy requires consultation with an obstetrician-gynecologist. The severity of damage to health in the case of a disfigured face is determined through the court, while a forensic medical examination only establishes the fact of an indelible damage to the face.

In addition to the mentioned article 112, information on liability for harm of moderate severity caused to health is contained in articles numbered 113 and 114 of the Criminal Code of the Russian Federation.