The health of every person as an object of legal protection covers the concept of any human system that functions independently of its physical or mental defects. Crimes against health - unlawful intentional or reckless acts directly aimed at causing physical or mental harm to the health of others. Additional objects may be the honor and dignity of the individual.
Severe intentional bodily harm
In the Criminal Code of the Russian Federation, 111 article defines grievous bodily harm according to the following signs of a crime:
a) a method of the nature of special torment;
b) by several persons;
c) for the purpose of intimidation;
d) to order;
e) if it caused the death of the victim.
The death of the victim during such damage means that this corpus delicti provides for the onset of two consequences. The first is intermediate - when the damage is qualified as a form of intent, the second is the final - when the death of the victim is qualified as a form of negligence.
Since when committing a crime, the mental attitude of the guilty to the death of the victim is reckless, an attempt on such a crime is excluded.
Medium bodily injuries
Signs of such injuries are: firstly, the absence of consequences and danger to life, that is, those which are characterized by Article 111 of the Criminal Code - causing bodily harm, and secondly, causing long-term loss of health. That is, to determine the presence of average bodily injury, the presence of an appropriate percentage of disability or long-term loss of health is enough. Long-term loss of health consists in a long-term impairment of the functions of any organ or in their permanent deterioration (deterioration in visual acuity, hearing, speaking ability, impairment of motor functions of arms, legs, etc.). Fractures of the ribs, fractures, breaks and cracks in the tubular bones, moderate concussion and some other injuries are also characteristic of this type of damage. For inflicting moderate bodily harm, article 112 of the Criminal Code of the Russian Federation implies a restriction of liberty of up to three years.
Qualification signs of intentional moderate injuries
Qualification signs of such damage are intimidation of the victim or his relatives or coercion to certain actions. (We are talking about relatives of varying degrees of kinship, and not just close relatives). The purpose of coercion is the desire to obtain from the victim certain orders against the will of the latter. If, as a result of intentional bodily injury of moderate severity, the victim dies, the act is qualified by the totality of crimes.
Severe intentional bodily harm caused in a state of intense mental excitement
This offense is privileged in composition. It is inherent in all the signs (except the consequences), characteristic of a premeditated murder, carried out in a state of great mental excitement. For such bodily harm, an article of the Criminal Code of Russia requires that this be interpreted only as grievous bodily harm. Those. the infliction of a deliberate slight damage or moderate severity in a state of great emotional disturbance does not constitute a corpus delicti as opposed to a serious one, which resulted in the death of the victim.Strong excitement should be considered as a circumstance mitigating the sentence.
Causing intentional grievous bodily harm in case of exceeding the measures necessary to detain the offender
Criminal prosecution for grievous bodily harm in case of exceeding measures to apprehend the offender occurs only if the self-defense of the offender clearly did not correspond to the degree of danger of the attack or the situation in the situation of detention. If the measures necessary to detain the offender are exceeded, when bodily harm has occurred, the article, term and criminal liability of the current Criminal Code have not been established.
Light intentional bodily harm
For causing bodily harm, Article 113 of the Criminal Code of Russia provides for liability for both types of bodily injuries:
1) such that did not entail a short-term loss of health or a slight loss of working capacity (part one);
2) such that led to at least one of the indicated consequences (part two).
The first type combines damage with minor consequences lasting no more than 6 days (it can be bruises, scratches, etc.).
The second type of damage indicated is damage resulting in:
a) short-term health disorder lasting more than 6 days, but not more than 21 days or three weeks;
b) a slight loss of working capacity, that is, loss of working capacity up to 10% (slight deterioration in visual acuity or hearing, etc.).
For qualification of the act in part two, one of the following consequences is sufficient. For careless easy bodily harm, article of the Criminal Code does not imply criminal liability. If minor injuries are part of the objective side of another crime (hooliganism, rape, etc.), they do not need a separate qualification.
Careless moderate or severe bodily injury
An article of the Criminal Code of Russia defines bodily injuries as signs of moderate injuries and serious injuries discussed above. Such damages due to criminal self-confidence should be separated from damages with indirect intent (if the guilty person knowingly admitted the corresponding consequences, not relying on circumstances that could prevent them), and damages due to criminal negligence should be separated from innocent damage (if the person does not foresaw the corresponding consequences, should not and (or) could not foresee). An careless bodily injury article of the Criminal Code of the Russian Federation defines as a gross act with violation of the rules of conduct in everyday life or non-compliance with the rules of safety (discretion) in professional activities by unofficial persons. If such damage (like death) is the result of a violation of certain regulations by officials or other special entities, liability is imposed under the relevant articles of the Criminal Code.
